Donnelly v. Fairview Park

In Donnelly v. Fairview Park (1968), 13 Ohio St.2d 1, 233 N.E.2d 500, paragraph two of the syllabus, the Supreme Court of Ohio held that "the test for determining whether the action of a legislative body is legislative or administrative is whether the action taken is one enacting a law, ordinance or regulation, or executing or administering a law, ordinance or regulation already in existence." When a public body that is essentially legislative in character acts in a legislative capacity, there can be no appeal from its action. Id. at 4, citing Tuber v. Perkins (1966), 6 Ohio St.2d 155, 216 N.E.2d 877. Considering whether an appeal may be prosecuted to the court of common pleas under the provisions of R.C. 2506.01 et seq. from the action of a board of township trustees amending a zoning resolution, the Ohio Supreme Court held in Tuber, supra, that adopting or amending a zoning regulation or ordinance is a legislative act. Accord, Donnelly, supra.