STATE EX REL. PELHAM DEVELOPMENT CORP. v. CERNY

No. 40424.

11 Ohio St. 2d 228 (1967)

THE STATE, EX REL. PELHAM DEVELOPMENT CORP., APPELLEE, v. CERNY ET AL., ORANGE VILLAGE ZONING AND PLANNING COMMISSION, APPELLANTS.

Supreme Court of Ohio.

Decided July 26, 1967.


Attorney(s) appearing for the Case

Messrs. Kinchen, Matia & Mays and Mr. Charles E. Merchant, for appellee.

Mr. Albert M. Heavilin, village solicitor, for appellants.


Per Curiam.

If, as a matter of fact, the respondents failed in their duty to cause their action on the plat to be endorsed thereon "within thirty days after the submission" thereof, Section 711.09, Revised Code, imposes the unqualified duty upon them to furnish relator, upon demand, the certificate described by that statute. The respondents wholly failed to perform that duty and the statute provides no appeal from that failure. Moreover, no other appellate...

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