TITLE
TO ESTABLISH STANDING FOR THE CITY OF GAHANNA TO SEEK APPELLATE REVIEW OF DETERMINATIONS MADE BY ITS BOARD OF ZONING AND BUILDING APPEALS PURSUANT TO OHIO REVISED CODE 2506.01; AND TO DECLARE AN EMERGENCY
VERSION
ils
BODY
WHEREAS, Ohio Supreme Court Case of the City of Willoughby Hills, Appellant, versus C. C. Bar's Sahara, Inc., Appellee, has established that a City may appeal its own Board and Commission findings; and
WHEREAS, in Ohio Supreme Court Case of the City of Willoughby Hills, Appellant, versus C. C. Bar's Sahara, Inc., Appellee, the Court indicated that City Council may express their will to do so in an ordinance; and
WHEREAS, the timeframe for filing such an appeal is narrow and it is incumbent on the City to move forward in a timely fashion, all for the preservation of the public, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That pursuant to Ohio Supreme Court Case of the City of Willoughby Hills, Appellant, versus C. C. Bar's Sahara, Inc., Appellee, the City of Gahanna may appeal to the appropriate court any decision of the Board of Zoning and Building Appeals.
Section 2. No appeal may be prosecuted under this section until such time as Council has given its approval therefor by floor motion.
Section 3. This right of appeal shall also apply to actions already taken by the Board of Zoning and Building Appeals prior to the effective date of this ordinance.
Section 4. That, for the reasons set forth in the preamble hereinabove, this ordinance is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and approval by the Mayor.