JONES v. VILLAGE OF CHAGRIN FALLS

No. 95-1458.

77 Ohio St.3d 456 (1997)

JONES, APPELLANT, v. VILLAGE OF CHAGRIN FALLS, APPELLEE.

Supreme Court of Ohio.

Decided February 19, 1997.


Attorney(s) appearing for the Case

Kahn, Kleinman, Yanowitz & Arnson Co., L.P.A., Sheldon Berns and Benjamin J. Ockner, for appellant.

Joseph W. Diemert, Jr., Chagrin Falls Director of Law, and Laura J. Gentilcore, Assistant Director of Law, for appellee.


MOYER, C.J.

The issue presented in this case is whether failure to exhaust administrative remedies is a jurisdictional defect, or an affirmative defense that may be waived. The issue is of central importance under the facts of this case because Chagrin Falls did not raise the defense on summary judgment and therefore must be held to have waived it if the defect is not jurisdictional. For the reasons that follow, we reaffirm our established precedent that failure to...

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