Construction Case Moot Without StayPublished: May 02, 2017 by Luther Liggett
A court dismissed a lengthy dispute over a conditional use permit because the construction at issue already was built while the party complaining was litigating.
Local residents objected to a planned use permit issued by the local Planning Commission for construction of a parking lot.
The objecting parties appealed to the City Council, then to Court which sent the issue back to Council, which again agreed with the permit.
The second time in court, the judge dismissed the complaint as moot.
The Court of Appeals upheld the dismissal, finding that, ďwhere an appeal involves the construction of a building or buildings involving construction, if a party fails to obtain a stay of execution before construction commences, the appeal is rendered moot.Ē
Osborne v. City of North Canton, 5th Dist. Stark, case no. 2016-CA 00175, 2017-Ohio-1116.