Korey v. Hunting Valley Planning & Zoning Comm.

Citations

• 2022 Ohio 4390

Syllabus

Administrative appeal constitutional challenge as applied particular property zoning ordinance five-acre minimum single family presumption legislative judgment police powers burden of proof beyond fair debate open space environmental values character proposed use multi-family condominiums historic preservation expert testimony admission gatekeeper discretion harmless error. Affirmed the judgment of the common pleas court finding the Village of Hunting Valley's zoning ordinances as applied to appellant's property are constitutional. Appellant failed to demonstrate, beyond fair debate, that a zoning provision requiring a five-acre minimum per residential unit is arbitrary and unreasonable and without substantial relation to the public health, safety, morals, or general welfare of the community, as applied to prohibit her proposed use of her property, which she sought to convert from a single-family residence into a multi-family structure with six condominium units. The common pleas court did not abuse its discretion in the admission of expert testimony and even assuming an error had occurred, it was harmless error.