Evil Empire, L.L.C. v. Troy Bd. of Zoning Appeals

Citations

• 211 N.E.3d 823
• 2023 Ohio 960

Syllabus

The trial court did not err in reversing Troy Board of Zoning Appeals' decision approving appellant's application for a certificate of appropriateness to demolish a building in the city's historic district. The trial court correctly held that the BZA could not overlook appellant's failure to satisfy prerequisites to the issuance of a certificate of appropriateness and allow appellant to satisfy them later. The BZA's decision was not a valid exercise of its authority to \modify\ appellant's application. In effect, the BZA's decision impermissibly modified the requirements of Troy Zoning Code governing the issuance of a certificate of appropriateness. Judgment affirmed.