STATE EX REL. KMART CORP. v. CITY OF WESTLAKE PLANNING COMM.

No. 93-1350.

68 Ohio St.3d 151 (1994)

THE STATE EX REL. KMART CORPORATION v. CITY OF WESTLAKE PLANNING COMMISSION ET AL.

Supreme Court of Ohio.

Decided January 12, 1994.


Attorney(s) appearing for the Case

Grendell & Marrer Co., L.P.A., Timothy J. Grendell and John P. Slagter, for relator.

Rademaker, Matty, McClelland & Greve, Robert C. McClelland and Bryan P. O'Malley, for respondents.


Per Curiam.

This cause presents four issues. First, does Parry have a clear duty to immediately review Kmart's development plan and place it on the planning commission's agenda? Second, does the planning commission have a clear legal duty to immediately review and act on Kmart's development plan? Third, does Kmart have an adequate remedy in the ordinary course of law? Fourth, is this case moot?

For the reasons that follow, we hold that Parry owes the...

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