Opinion

Hebeler v. Colerain Twp. Board, Zoning App., Unpublished Decision (4-5-2000)

Court
Ohio Court of Appeals
Filed
Apr 5, 2000
Status
Unpublished
On the bench
DOAN, PRESIDING JUDGE.
Cited by
0 cases
Authority
More cited than 42.6%

The opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] JUDGMENT ENTRY.

This appeal, considered on the accelerated calendar under App.R. 11.1(E) and Loc.R. 12, is not controlling authority except as provided in S.Ct.R.Rep.Op. 2(G)(1).

The trial court properly considered the factors set forth in Duncan v. Middlefield (1986), 23 Ohio St.3d 83 , 491 N.E.2d 692 , as we directed it to do on remand from the previous appeal. See Hebeler v. Colerain Twp. Bd. of Zoning Appeals

(1997), 116 Ohio App.3d 182 , 687 N.E.2d 324 . Our review of the record shows that its judgment, holding that the Colerain Athletic Association had met the "practical difficulties" test for an area variance, and that the decision of the Colerain Township Board of Zoning Appeals was supported by a preponderance of substantial, reliable, and probative evidence, was not an abuse of discretion. See Duncan, supra ; Kisil v. Sandusky (1984), 12 Ohio St.3d 30 , 465 N.E.2d 848 ; Cash v. Cincinnati Bd. of Zoning Appeals (1996), 117 Ohio App.3d 319 , 690 N.E.2d 593 . Accordingly, we overrule appellants' sole assignment of error and affirm the judgment of the trial court.

Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.

Doan, P.J., Gorman and Painter, JJ.

To the Clerk:

Enter upon the Journal of the Court on April 5, 2000

per order of the Court.

_________________ PRESIDING JUDGE DOAN

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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