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ANDERSON v. CITY OF VANDALIA

Nos. 20061 and 20071.

159 Ohio App.3d 508 (2005)

2005-Ohio-118

ANDERSON, Appellant and Cross-Appellee, v. CITY OF VANDALIA, Appellee; American Legion Post 668, Appellee and Cross-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided January 14, 2005.

Attorney(s) appearing for the Case

Michael W. Sandner, Dayton, for appellant and cross-appellee.

Trish M. Duff, Law Director, City of Vandalia, for appellee.

Larry A. Smith, Dayton, for appellee and cross-appellant.

FAIN, Judge.

{¶ 1} The Vandalia City Council granted a conditional-use application regarding real estate owned by the American Legion. Mark Anderson, a resident of Vandalia, filed an administrative appeal from that decision with the Montgomery County Common Pleas Court. Intervening appellee, the American Legion, filed a motion seeking to dismiss the appeal. The trial court denied the motion to dismiss and affirmed the decision of the council. Anderson has filed...

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