Opinion
No. 34886
Decided November 21, 1956.
Appeal — Dismissal — No bill of exceptions — Mandamus to require issuance of building permit — Zoning regulations.
APPEAL from the Court of Appeals for Cuyahoga County.
ON MOTION to dismiss.
By this action in mandamus instituted in the Court of Appeals, relator, a religious organization, seeks a writ requiring the Building Commissioner of the City of Cleveland Heights to issue to relator a building permit for the erection of an addition to an existing building for church and school purposes on land owned by relator.
The answer denies various allegations of the petition and alleges that the plans and specifications as submitted to respondents do not comply with the zoning ordinances, in that the proposed structure would be closer than 50 feet from the lot line, and do not provide sufficient parking space for automobiles to conform with the ordinance requirements; that the respondent members of the Board of Zoning Appeals have no authority to allow a variance; and that the relator has never made application for such variance as provided for in the zoning ordinances.
The Court of Appeals heard the matter on the pleadings, a transcript of the evidence taken before a master commissioner, stipulations, agreed statement of facts, exhibits and briefs of counsel. The court found that relator had failed to exhaust the administrative procedures provided by the zoning ordinances and dismissed the petition.
An appeal as of right brings the cause to this court for review.
Mr. Charles C. Goldman, for appellant.
Mr. King A. Wilmot and Mr. G.E. Hartshorn, for appellees.
The respondents have filed a motion to dismiss the appeal or affirm the judgment, on the ground that relator did not file a bill of exceptions or have it allowed and signed by the Court of Appeals, the trial court in this cause.
There being no bill of exceptions before this court exemplifying the facts necessary in determining the issues presented, the appeal is dismissed. State, ex rel. Novak, v. Bright, ante, 363, 135 N.E.2d 408; In re Williams, ante, 511.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.