State ex rel. Dynamic Industries, Inc. v. Cincinnati

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Dynamic Industries, Inc. (DI) owned real property on which stood a building that DI claimed was unsalvageable. After an application was filed to have the building designated a historic landmark, DI filed an application seeking a permit to demolish the building. The City of Cincinnati did not process DI’s application because the historic-designation application was still pending. DI filed in the court of appeals an original action in mandamus seeking a peremptory writ compelling the City to immediately issue its requested permit and related relief. The City subsequently passed an ordinance approving the historic-designation application. When the building became a historic landmark, DI was precluded from obtaining a demolition permit unless it first obtained a certificate of appropriateness, for which DI did not apply. The court of appeals dismissed DI’s complaint. The Supreme Court affirmed, holding (1) the court of appeals lacked jurisdiction over DI’s claims in declaratory and injunctive relief and for money damages; and (2) DI failed to exhaust its administrative remedies before asserting its takings and general mandamus claims, and therefore, those claims were unripe and unavailing. View "State ex rel. Dynamic Industries, Inc. v. Cincinnati" on Justia Law