Simpson v. Cleveland

Citations

• 2019 Ohio 5334

Syllabus

Abuse of discretion, Duncan factors, manifest weight of the evidence, R.C. 2506.04. The trial court did not abuse its discretion in its decision to affirm the Board of Zoning Appeal's granting a variance. The trial court conducted a meaningful review of the seven factors listed in Duncan v. Middlefield, 23 Ohio St.3d 83, 491 N.E.2d 692 (1984), to determine that appellee demonstrated that he encountered practical difficulties. The court of appeals is not permitted to review whether the trial court's judgment was against the manifest weight of the evidence. It is only permitted by R.C. 2506.04 to review the judgment of the common pleas court only on questions of law, which does not include the same extensive power to weigh the preponderance of substantial, reliable, and probative evidence, as is granted to the common pleas court.