Levinsky v. Boardman Twp. Civ. Serv Comm., Unpublished Decision (10-29-2004)

OPINION

{¶ 1} This matter comes for consideration upon the record in the trial court and the parties' briefs. Appellant Nick Levinsky appeals the decision of the Mahoning County Court of Common Pleas dismissing his complaint for declaratory judgment and injunctive relief.

{¶ 2} Although the trial court dismissed Levinsky's complaint because he was attempting to use the declaratory action and request for injunctive relief as a substitute for an appeal, the trial court should have dismissed Levinsky's complaint for lack of subject matter jurisdiction. Levinsky's complaint seeks relief that can…