Voorhees v. Anderson Twp. Bd. of Zoning Appeals

Citations

• 2024 Ohio 4459

Syllabus

ADMINISTRATIVE APPEAL – ZONING – APPELLATE REVIEW — FACIAL CHALLENGE: In an administrative appeal, the trial court did not err when it dismissed the counts in plaintiff landowner's complaint requesting a declaratory judgment that a zoning ordinance was unconstitutional on its face because long-standing precedent prohibits parties from raising these claims in an administrative appeal. The trial court did not err as a matter of law when it affirmed the decision of the board of zoning appeals: its decision was not unsupported by the preponderance of the evidence where evidence presented at defendant zoning board's hearing supported the defendant zoning board's decision its decision to affirm defendant zoning board's interpretation of the zoning regulation was proper where the zoning regulation unambiguously states that plaintiff landowner's corner lot has two front yards and the zoning regulation restricts the construction of six-foot tall fences in plaintiff landowner's front yard and plaintiff landowner failed to show that the application of the zoning regulations to his property violated his constitutional rights.