Mt. Carmel Farms, L.L.C. v. Anderson Twp. Bd. of Zoning Appeals

Citations

• 2024 Ohio 2879

Syllabus

ADMINISTRATIVE APPEAL—ZONING: The trial court did not err in declaring the heightened fence condition imposed on appellant's conditional-use permit to be unreasonable where appellant failed to demonstrate that the trial court's decision was not supported by sufficient evidence as a matter of law. The trial court did not err in declaring the zoning board's decision to be unreasonable where the trial court's interpretation of a zoning regulation regarding the consideration of surrounding property was not erroneous as a matter of law. The trial court did not improperly substitute its judgment for the zoning board's in declaring the heightened fence requirement attached to appellant's conditional-use permit to be unreasonable where trial court correctly applied its standard of review. [But see DISSENT: The trial court improperly substituted its judgment for that of the zoning board where it relied on certain evidence from the record to support its finding that the agency's decision was unreasonable instead of following the required standard of review under R.C. 2506.04 and reviewing all of the evidence in the record to determine whether a preponderance of the, reliable, probative, and substantial evidence supported the board's decision.] Where the zoning regulations permitted the zoning board to consider the attributes of the surrounding property in assessing whether compliance with zoning regulations was necessary, the trial court did not err in considering the presence of tractor-trailers on both the subject property and the neighboring properties in considering whether the zoning board's decision was unreasonable.