THE STATE OF OHIO, ex rel. STEVEN A. ARMATAS Relator,
PLAIN TOWNSHIP BOARD OF ZONING APPEALS And THOMAS FERRARA, in his official Capacity as Zoning Director for Plain Township, Ohio Respondents,
Relator STEVEN A. ARMATAS
Respondent Plain Township Board Of Zoning Appeals ERIC J.
WILLIAMS Pelini, Campbell & Williams, LLC
Respondent Thomas Ferrara JAMES F. MATHEWS ANDREA K. ZIARKO
Baker, Dublikar, Beck, Wiley & Mathews
JUDGES: Hon. W. Scott Gwin, P.J., Hon. John W. Wise, J., Hon.
Craig R. Baldwin, J.
Relator, Steven Armatas, has filed a Complaint for Writ of
Mandamus requesting this Court issue a writ ordering the
following: first, Relator seeks an order requiring Respondent
Ferrara, who is the Plain Township Zoning Director, to reduce
his decision in writing; and second, Relator seeks an order
requiring the Plain Township Board of Zoning Appeals to hold
a hearing and issue a written decision on appeal after
Ferrara issues his written decision.
Respondents have filed a Motion for Summary Judgment which
Relator filed his first Petition for Writ of Mandamus on
October 14, 2016 naming the Plain Township Board of Trustees
and Thomas Ferrara, the zoning director, as respondents. The
2016 petition was based upon the same set of facts as the
The essence of both complaints revolves around a local zoning
ordinance Relator believed his neighbors violated. Relator
asked Respondent Ferrara to find a violation of the
ordinance. Ferrara orally advised Relator he did not believe
the neighbors were in violation of the ordinance. In his
first complaint, Relator filed a petition for writ of
mandamus requesting this Court order the Respondents to
enforce the zoning ordinance. This Court dismissed the
petition because Relator has or had an adequate remedy at law
by appealing a decision of the zoning inspector to the zoning
board. Relator filed an appeal of our decision with the
Supreme Court, however, the case was dismissed for want of
Following our decision in the first mandamus case, Relator
did pursue an appeal of the decision of the zoning inspector
to the zoning board. The zoning board refused to hear the
appeal because the appeal was untimely.
Relator has now instituted this second mandamus petition
requesting the zoning director be ordered to reduce his
decision in writing and requesting the zoning board be
ordered to hear his appeal once the decision is reduced to
Relator could have raised the issue of Ferrara's failure
to reduce his decision to writing in the first mandamus
action, therefore, raising the issue in a ...