
    The State, ex rel. The Gund Co., v. Village of Solon et al.
    (No. 36464
    Decided November 23, 1960.)
    
      
      Mr. Frank V. Opaskar and Mr. Joseph M. Carmosino, for relator.
    
      Messrs. Walter & Haverfield and Mr. Loyal V. Buescher, for respondents.
   Per Curiam.

Chapter 2506, Bevised Code, provides a remedy by judicial review of final orders of administrative boards of municipalities. Belator had an adequate remedy at law by way of appeal to test the claimed invalidity of the zoning ordinance.

The demurrer to the petition is sustained and, it being agreed that such a ruling on the demurrer would be dispositive of the case, the writ of mandamus is denied.

Writ denied.

Wevgandt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and Peck, JJ., concur.

"Weygandt, C. J.,

concurs on the additional important ground that the relator did not file a notice of appeal with the Zoning Board of Appeals or otherwise comply with the provisions of Chapter 2506, Revised Code, providing for appeals from orders of administrative officers and agencies.

Under the provisions of Section 2731.05, Revised Code, “the writ of mandamus must not be issued when there is a plain and adequate remedy in the ordinary course of the law.”  