Opinion

Bench Signs Unlimited, Inc. v. Lake Township Board of Zoning Appeals

149 Ohio App. 3d 462
777 N.E.2d 912

Court: Ohio Court of Appeals
Filed: Oct 7, 2002
Status: Published
Author: Edwards
On the bench: Wise, Gwin, Edwards
Cited by: 6 cases

The opinion

Edwards, Judge,

concurring.

{¶ 31} I agree with the disposition of this case by the majority.

{¶ 32} I write separately only as to the second assignment of error to make an additional point in support of our decision. We have concluded in a prior case that the exemption in R.C. 519.211(A) runs only to the utility and not to its agent.

*470

I would submit that even if it did run to an agent of the utility, it would run to the agent only for activities the public utility was designed for. In this case that may include placement of benches at bus stops, but it would not include private advertising on those benches.

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