# Lee v. Lafayette Township Board of Zoning Appeals

> Ohio Court of Appeals · May 2, 2011 · 193 Ohio App. 3d 795

URL: https://www.frixlaw.com/law-library/cases/9802366

## Case

- **Full name:** LEE Et Al., Appellants, v. LAFAYETTE TOWNSHIP BOARD OF ZONING APPEALS Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** May 2, 2011
- **Citations:** 193 Ohio App. 3d 795; 954 N.E.2d 185; 2011 Ohio 2086
- **Precedential status:** Published
- **Opinion:** Concurrence by Belfance
- **Judges:** Whitmore, Carr, Belfance
- **Cited by:** 3 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/9802366

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9802366. Public record. Not legal advice.