Women of the Old West End, Inc. v. Toledo City Council, et al.

Summary

The Ohio Sixth District Court of Appeals reviewed the dismissal of an R.C. 2506 administrative appeal concerning the Warren Commons major site plan in Toledo. The court held that Women of the Old West End lacked standing to bring an R.C. 2506 appeal on behalf of its members, but concluded that it made a prima facie showing of standing under Toledo Municipal Code 1111.0811. The judgment was affirmed in part and reversed in part.

Holdings

1. WOWE, acting as a nonprofit corporation or unincorporated association, lacked standing under R.C. Chapter 2506 to bring an administrative appeal on behalf of members who might have standing to sue individually. The court affirmed the dismissal of the R.C. Chapter 2506 appeal on that ground, although it did not adopt the lower court's exhaustion rationale.
2. WOWE made a prima facie showing that it was an aggrieved person, including in an associational capacity, under Toledo Municipal Code 1111.0811(A). It was therefore entitled to a major site plan review appeal hearing before Toledo City Council under Toledo Municipal Code 1111.0812.
3. Although standing is required to invoke a court's jurisdiction over a particular action, lack of standing does not eliminate the court's subject-matter jurisdiction.

Questions Presented

1. Whether WOWE had standing to pursue an administrative appeal under R.C. Chapter 2506 on behalf of members who allegedly had individual standing.
2. Whether WOWE made a prima facie showing of standing as an aggrieved person or association under Toledo Municipal Code 1111.0811(A), entitling it to a major site plan review appeal hearing before Toledo City Council.
3. Whether WOWE was required to exhaust administrative remedies before the board of zoning appeals before seeking review under R.C. Chapter 2506.

Disposition

other