State v. Powlette

Citations

• 162 N.E.3d 172
• 2020 Ohio 5212

Syllabus

The evidence was insufficient to support the trial court's finding that, during the dates listed in the complaint, appellant's advertising his \bed and breakfast\ for prospective rental was contrary to Miami Township Zoning Resolution Article 8, Section 801, which prohibits use of his property as a \bed and breakfast\ without a conditional-use certificate. Although the appellant advertised a farmhouse on his property as a \bed and breakfast\ for a period of time, and he intended for it to be used as a bed and breakfast, there was no evidence that it was occupied by guests during the relevant dates. Amendment of the dates in the charging complaint to include conduct that occurred after the charges were filed was error in that the amendment changed the charged offense in violation of Crim.R. 7(D). Judgment vacated.