Al-Khatib v. Harrison Twp. Bd. of Zoning Appeals

Citations

• 2022 Ohio 1418

Syllabus

The trial court did not abuse its discretion by reversing appellant-board's denial of a zoning certificate. The court found that an illness that prevented a property owner from continuing his non-conforming use of property could not be reasonably interpreted as a voluntarily discontinuation of a nonconforming use. Because the meaning of the term voluntarily is not defined in appellant's zoning resolution or in zoning statutes, the common meaning as an act of will or of one's own choice applied. Based on this definition, the court's conclusion that the owner's illness was involuntary and did not cause discontinuance was reasonable. There was also no affirmative evidence establishing a manifest intention to abandon the nonconforming use. Finally, the trial court did not substitute its judgment for that of appellant. Judgment affirmed.