Norton Outdoor Advertising, Inc. v. Bd. of Zoning Appeals

Citations

• 257 N.E.3d 1062
• 2024 Ohio 5286

Syllabus

R.C. CH. 2506 — ADMINISTRATIVE APPEAL — ZONING — JURISDICTION: In this administrative appeal, the trial court did not err in upholding the decision of the appellee Board of Zoning Appeals to affirm a legal notice of violation that was issued to appellant for a violation of Section 1125.07 of the Village of St. Bernard's Zoning Ordinance where appellant erected or constructed a sign in violation of Section 711.07(e) of the Village's Codified Ordinances, and Section 711.07(e) was incorporated into the Zoning Ordinance through Section 1185.01(c).The trial court did not err in finding that it lacked jurisdiction in an administrative appeal to address appellant's facial constitutional challenge to Chapter 711 of the Village of St. Bernard's Codified Ordinances where appellant does not dispute that it was seeking a general declaration as to the unconstitutionality of Chapter 711. [See CONCURRENCE: Appellant would likely have prevailed on its challenge to the Board of Zoning Appeals' decision had it raised the issue of nonconformity under Section 711.05(c) of the Village of St. Bernard's Zoning Ordinance.]