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CAPELLO v. CITY OF MAYFIELD HEIGHTS

No. 70-493.

27 Ohio St. 2d 1 (1971)

CAPELLO ET AL., APPELLANTS, v. CITY OF MAYFIELD HEIGHTS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 30, 1971.

Attorney(s) appearing for the Case

Messrs. Metzenbaum, Gaines, Finley & Stern, Mr. Donald M. Robiner and Mr. Marshall J. Wolf, for appellants.

Mr. Albert M. Heavilin, director of law, for appellees.

O'NEILL, C. J.

The determinative question in this cause is whether the trial court erred in basing its decision solely on the transcript of the proceedings before the Board of Zoning Appeals.

In basing its holding on the transcript, the trial court concluded that the board's decision was "supported by reliable and probative evidence." It is, therefore, necessary to determine if the transcript contains such evidence...

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