Agenda - Planning Commission - 06/07/2007

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May 1, 20071 Volume 11 No.9 lief. However, certain exceptions existed to this rule, including when: 1) the question raised involved iL-"lterpretation of a stamte; 2) the action raised questions of law only and not matters requiring administrative discretion or an administrative finding of fact; 3) the ey..haustion of ad- ministrative remedies would be futile and/or the available remedy was inadequate; or 4) there was the threat of irreparable injury. Here, the court found that the question at ha.nd was "predominantly a legal issue" regarding whether the relevant law applied to the content of Dyess' letter. This issue did not require an administrative finding of fact, so Gulf Highlands was not required to exhaust its administrative remedies. Fees-Property owner argues assessment over curb and gutters viol.ates civil, due process rights Village claims assessment is not appealable Citation: Grossenbacher v. Village of Strasburg, 2007-0hio-1633, 2007 WL 1039556 (Ohio Ct. App. 5th Dist. Tuscarawas County 2007) OHlO (04/03/07)-Grossenbacher owned property in the village of Strasburg. In 2002, the village enacted a resolution requiring certain properties to have curbs and gutters. Grossenbacher did not construct a curb or gutter on his property. The village assessed the costs for the construction of the necessary additions, and fined Grossenbacher in that amount. Grossenbacher ap- pealed the fine, and a hearing was held. Arter the hearing, the fee was upheld. Grossenbacher appealed to court, seeking an order stopping the vil- lage from levying the fine. In his complaint, he argued that the fine vio- lated his civil and due process rights. The village asked the cou...rt to dis- miss the claim, arguing that its action was a legislative act-and, there- fore, not appealable. The court found in favor of the village, aIid Grossenbacher appealed. DECISION: Affirmed. On appeal, Grossenbacher claimed that the lower court erred by dis- missing a valid civil rights claim. The ultimate question that the ap- peals court had to decide was whether the assessment . that was im- posed on Grossenbacher for his failure to construct a curb and gutter was proper. To do this, the court had to determine whether the assess. ment "involved legislative action or administrative action. In general, legislative decisions [were] not appealable pursuant to [state law]." The key to determining whether an action was legislative. or adminis- trative was whether the action enacted a law, ordinance, or regulation, 7 183