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SCHOMAEKER v. FIRST NAT'L BANK

No. 80-885.

66 Ohio St. 2d 304 (1981)

SCHOMAEKER, APPELLEE, v. FIRST NATIONAL BANK OF OTTAWA ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 3, 1981.

Attorney(s) appearing for the Case

Messrs. Recker, Cunningham & Cunningham and Mr. Paul H. Cunningham, for appellee.

Messrs. Vorys, Sater, Seymour & Pease, Mr. James B. Cushman and Mr. Robert E. Leach; Messrs. Unverferth & Unverferth and Mr. Thomas A. Unverferth, for appellant First National Bank of Ottawa.

Schroeder, Schroeder & O'Malley Co., L. P. A., and Mr. George E. Schroeder, for appellant village of Ottawa.

CLIFFORD F. BROWN, J.

In order to determine whether the Court of Appeals ruled correctly when it held the order of the planning commission invalid, we consider, seriatim, the power of villages to enact zoning ordinances, the authority granted by the Ottawa Zoning Ordinance, and the effect of the action by the planning commission.

We conclude that the order of the commission effectively granted a use variance, as authorized in the Ottawa Zoning Ordinance, and...

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