holding that a foster home for delinquent juveniles constituted a single housekeeping unit for the purposes of the Clark County Zoning Resolution where the applicants were the licensed foster parents of the juveniles and all parties lived together in the applicants’ residence
How later courts described this case
- holding that a foster home for delinquent juveniles constituted a single housekeeping unit for the purposes of the Clark County Zoning Resolution where the applicants were the licensed foster parents of the juveniles and all parties lived together in the applicants’ residence
Written by the judges who cited it.
Distinguished
Distinguished by Syrianoudis v. Zoning Board of Appeals, 185 Ohio App. 3d 204 (2009)
Saunders and Fliotsos are distinguishable because the protesting parties were asserting their rights as foster parents to maintain their household.
The opinion
Holmes, J.,
dissenting. Principles of law as pronounced by the highest court of the state should remain the case law of the state unless sound reason, or changing patterns and needs of the times, dictate a modification in order to best serve the public. Although I am in agreement with this basic premise of stare decisis, I also accept the principle that our common law should be flexible to meet our current public and professional needs. But the flexibility effected by this decision, which, in effect, overrules syllabus law as pronounced by this court only nine months ago, in Garcia v. Siffrin (1980), 63 Ohio St. 2d 259 , transforms the law of stare decisis into that which assumes a stability not unlike a revolving door. It would seem that the law of this state will now be governed by what might be the personnel of the court, or the panel hearing and writing upon a case, or both, at any given point in time.
Locher, J., concurs in the foregoing dissenting opinion.