Surber v. Greenville Twp. Bd. of Trustees

Citations

• 2026 Ohio 1305

Syllabus

In this administrative appeal, appellee's improper designation of township board of zoning appeals as the appellee in the notice of appeal filed with the trial court did not divest the court of subject-matter jurisdiction over the administrative appeal, nor did it deprive appellants of standing to appeal to this court. The trial court abused its discretion by reversing the finding of the township board of zoning appeals that a building on appellee's property was not properly permitted where the board's decision was supported by a preponderance of reliable, probative, and substantial evidence. The trial court did not abuse its discretion by affirming the board's finding that two other buildings on appellee's property were not properly permitted where a preponderance of reliable, probative, and substantial evidence established that those buildings did not qualify for an agricultural exemption and did not have the required zoning permits. Appellee's claim that the trial court should have applied the doctrine of equitable estoppel based on appellee's reliance on a former zoning inspector's representation that two of appellee's buildings qualified for agricultural exemptions lacks merit because it is well established that equitable estoppel is inapplicable in relation to a political subdivision's exercise of the government function of enforcing zoning regulations. Any alleged error in the trial court's exclusion of an affidavit offered into evidence by appellee would have been harmless error because the court considered the affidavit anyway in its decision. Judgment reversed in part and affirmed in part.