Opinion

Lee v. Lafayette Township Board of Zoning Appeals

  • 193 Ohio App. 3d 795
  • 954 N.E.2d 185
  • 2011 Ohio 2086
Court
Ohio Court of Appeals
Filed
May 2, 2011
Status
Published
Author
Belfance
On the bench
Whitmore, Carr, Belfance
Cited by
3 cases

The opinion

Belfance, Presiding Judge,

concurring.

{¶ 17} I concur because the trial court should interpret Section 706 of the Lafayette Township Zoning Resolution in the first instance. I write separately to emphasize that the trial court should not feel constrained by what may be perceived as this court’s interpretation of Section 706. While this court has listed two possible interpretations of Section 706, these may not be the only reasonable interpretations. Further, I would note that it is also possible that the record before the trial court may not provide sufficient evidence to allow for a meaningful interpretation and application of Section 706; if that is the case, it should be determined whether additional evidence can be taken pursuant to R.C. 2506.03 or whether a remand to the Lafayette Township Board of Zoning Appeals is necessary.

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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