Cook v. Lockland

Citations

• 233 N.E.3d 716
• 2024 Ohio 9

Syllabus

ADMINISTRATIVE REVIEW — NONCONFORMING USE — ABANDONMENT — BURDEN OF PROOF: The trial court abused its discretion in affirming the Board of Zoning Appeal's (\the BZA\) decision where it was undisputed that a legal, nonconforming use had existed, plaintiff provided evidence to show continuance of the nonconforming use before his purchase of the property, and the BZA improperly placed the burden to disprove voluntary abandonment of the nonconforming use on plaintiff.