# Gordon v. City of Green

> Ohio Court of Appeals · August 28, 1996 · 113 Ohio App. 3d 729

URL: https://www.frixlaw.com/law-library/cases/3716960

## Case

- **Full name:** GORDON Et Al., D.B.A. Gordon Kennels, Appellants, v. CITY OF GREEN, Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** August 28, 1996
- **Citations:** 113 Ohio App. 3d 729; 682 N.E.2d 1
- **Precedential status:** Published
- **Opinion:** Dissent by Baird
- **Judges:** Reece, Baird, Mahoney, Ninth
- **Cited by:** 2 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/3716960

## Opinion text

Baird, Presiding Judge,
dissenting.
As stated in the majority opinion, plaintiffs seek a declaratory judgment that the construction of additional kennels would not be an expansion of a nonconforming use that would require them to obtain a variance from the Board of Zoning Appeals. This court today holds that they must seek such a variance before they are eligible for a court order saying that they are not required to seek it.
The plaintiffs are not seeking some sort of declaration that they are entitled to a variance; they are, rather, seeking an order determining that they do not have to ask for one. To require that they must ask for one prior to being eligible for a declaration that they need not ask for one, is, it seems to me, inappropriate.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3716960. Public record. Not legal advice.