Winer v. Clay Twp.

Citations

• 2017 Ohio 8765

Syllabus

The trial court did not err by not applying the standard of review in R.C. 2506.04 to the Appellees' zoning decision. Appellant's complaint for declaratory and injunctive relief is not an administrative appeal, so R.C. Chapter 2506 does not apply. The court did not err by considering the affidavit of Appellees' expert. Appellant waived the ability to challenge the affidavit on appeal because he did not challenge it in the trial court. The court did not err by granting summary judgment for Appellees on Appellant's declaratory judgment claim asserting that the current zoning classification of his property is unconstitutional as-applied. Appellant failed to overcome the presumption of constitutionality. Judgment affirmed.