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BURGER v. BD. OF TRUSTEES OF MONTVILLE TOWNSHIP

No. 33373.

58 Ohio Misc. 21 (1978)

BURGER v. BOARD OF TRUSTEES OF MONTVILLE TOWNSHIP.

Court of Common Pleas of Medina County.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Mr. Gregory W. Happ, for Plaintiff.

Mr. William L. Thorne, Assistant Prosecuting Attorney for Defendant.

WHITFIELD, J.

The parties have stipulated and the Court so finds that a real controversy exists between the parties regarding the validity of Subsection 115 (f) of the Montville Township Zoning Resolution. The court further finds that because of said controversy the case is properly before the court for declaratory judgment pursuant to R. C. Chapter 2721.

At issue in this action for declaratory judgment is the lawfulness and constitutionality of Subsection...

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