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PEACHTREE DEVELOPMENT CO. v. PAUL

No. 81-92.

67 Ohio St. 2d 345 (1981)

PEACHTREE DEVELOPMENT COMPANY, APPELLEE, v. PAUL ET AL., APPELLEES; COLERAIN TOWN MEETING ZONING COMMITTEE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 29, 1981.

Attorney(s) appearing for the Case

Santen, Santen & Hughes Co., L.P.A., and Mr. William B. Singer, for appellee Peachtree Development Company.

Mr. Robert G. Hyland, for appellants.

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Roger E. Friedman, for appellees Board of County Commissioners and Board of Elections.

Per Curiam.

The two critical issues in this case are (1) whether the board of county commissioners' approval of the CUP, which approval subjects the 164.5 acre tract to a standard of zoning different from that which existed prior to the approval, constitutes legislative action which is subject to a referendum in accordance with R. C. 303.12, and (2) whether Article XVI of the Hamilton County Zoning Resolution unlawfully delegates legislative authority to the...

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