COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 78079
STATE EX REL. PARMA LAND    :
DEVELOPMENT COMPANY,        :
LLC, ET AL.                 :
                            :      PETITION FOR WRIT OF
     Relators               :
                            :            MANDAMUS
     vs.                    :
                            :
CITY OF PARMA PLANNING      :
COMMISSION, ET AL.          :
                            :
     Respondents            :
                            :
JUDGMENT                    :      WRIT DENIED.
DATE OF JOURNALIZATION      :      OCTOBER 26, 2000
APPEARANCES:
For relators:                      TIMOTHY J. GRENDELL, Esq.
                                   Grendell & Simon Co., L.P.A.
                                   737 Bolivar Road, 4th Floor
                                   Cleveland, Ohio 44120
For respondents:                   TIMOTHY DOBECK, Esq.
                                   Law Director, City of Parma
                                   6611 Ridge Road
                                   Parma, Ohio 44129-5593
                               -2-
SWEENEY, JAMES D., J.:
     In the original complaint in this action, relators requested
that this court  compel respondent planning commission to act  on
relators' application for the development of certain property  at
the June 14, 2000 meeting of the planning commission.  In the joint
motion for leave to plead, the parties indicated that the agenda of
respondent planning commission for June 14, 2000 included relators'
application.
     By entry dated July 6, 2000, this court instructed relators to
show cause in writing by July 13, 2000 why this action should not
be dismissed. On July 18, 2000, however, relators filed an amended
complaint, but did not otherwise show cause.
     On August 10,  2000, respondents filed  a motion to  dismiss
which this  court converted to a  motion for summary judgment  by
entry dated August 18, 2000.  By entry dated September 13,  2000,
this  court granted  relators' motion  for extension  of time  to
respond  to  respondents'  motion  to  September  18.    Relators
represented in their motion that the agenda of respondent planning
commission for September 12, 2000 included relators'  application
and, if  the planning  commission approved  relators' site  plan,
relators would dismiss this action.
     In their dispositive motion, respondents observe that relators
never complied with this court's order to show cause.  We also note
that relators have not responded to respondents' motion for summary
judgment.  Additionally,  respondents observe  that the  planning
commission placed relators' application on the June 14, 2000  and
                               -3-
September 12, 2000 agendas.
     We  also note  that R.C.  2731.03 provides:     The writ  of
mandamus may require an inferior tribunal to exercise its judgment,
or proceed to the discharge of any of its functions, but it cannot
control judicial discretion.   As a consequence, it would not  be
appropriate to  issue a  writ of  mandamus compelling  respondent
planning commission to approve relators' site plan.
     Accordingly,  respondents'  motion for  summary judgment  is
granted.  Relators to pay costs.  The clerk is directed to  serve
upon the parties notice of this judgment and its date of entry upon
the journal.  Civ.R. 58(B).
     Writ denied.
JOHN T. PATTON, P.J., and
PATRICIA A. BLACKMON, J., CONCUR.
                                   ______________________________
                                        JUDGE JAMES D. SWEENEY
 
.