Kaufman v. Village of Newburgh Heights

Newburgh Heights does not here contend that its zoning ordinance is constitutional with respect to the Kaufman parcel, but that Kaufman had no right to attack that constitutionality without first appealing to the board of zoning appeals. We disagree, and, therefore, affirm.

It is axiomatic that the doctrine of “failure to exhaust administrative remedies available” may be a defense to an action in mandamus (State, ex rel. Schindel, v. Rowe [1971], 25 Ohio St. 2d 47; State, ex rel. Foreman, v. City Council [1965], 1 Ohio St. 2d 132; State, ex rel. Lieux, v. Westlake [1951], 154 Ohio St. 412); to…