Laketran Board of Trustees v. City of Mentor: Do Public Agencies Have the Right to Preempt Municipal Zoning in Ohio?

Abstract

Laketran Board of Trustees v. City of Mentor, 733 N.E.2d 313 (Ohio Ct. App. 2000), 53 ZD 158, which was decided in 1999 but not published until late 2000 after the Ohio Supreme Court dismissed an appeal (reported at 723 N.E.2d 1115 (Ohio 2000)), is puzzling. Laketran, a regional transit authority, apparently failed to assert its preemptive rights under Ohio statutory provisions concerning proposals for public facilities or improvements located in municipal corporations. There is also some question in my mind whether the city of Mentor (or any other Ohio municipality) has the authority to require, as opposed to request, that Laketran or any other similar agency obtain a conditional use permit for such projects.