# Schoell v. Sheboy

> Ohio Court of Appeals · May 31, 1973 · 34 Ohio App. 2d 168

URL: https://www.frixlaw.com/law-library/cases/3682643

## Case

- **Full name:** Schoell, Appellee, v. Sheboy, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** May 31, 1973
- **Citations:** 34 Ohio App. 2d 168; 63 Ohio Op. 2d 285; 296 N.E.2d 842; 1973 Ohio App. LEXIS 877
- **Precedential status:** Published
- **Opinion:** Concurrence by Corrigan
- **Judges:** Jackson, Corrigan, Manos, Coerigan
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3682643

## Opinion text

Corrigan, J.,
concurring in judgment only. The majority opinion places too restrictive an interpretation upon R. C. 2506.03 by seeking to limit the discretionary powers granted hereunder to the Common Pleas Court.
While not intended as a forum for a trial
de novo,
the function of the trial court as outlined in the statute is to ascertain the correctness of the decision of the administrative board. In making that determination the court reviews the evidentiary presentation and may correct deficiencies apparent on the face of the transcript by receiving additional evidence. The majority opinion suggests that “even if we assume the court below heard additional evidence which would tend to establish the non-conforming use we would be compelled to ignore it. . . .” With that statement, in particular, I cannot agree.
The simple resolution of this case rests in the fact that evidence was not presented, either at the administrative hearing or before the Common Pleas Court, to establish a non-conforming use. In the absence of that evidence, it was error for the trial court to reverse the Board of Zoning Appeals,

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3682643. Public record. Not legal advice.