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WALTCO TRUCK EQUIP. CO. v. CITY OF TALLMADGE BD. OF ZONING APPEALS

No. 87-1553.

40 Ohio St. 3d 41 (1988)

WALTCO TRUCK EQUIPMENT COMPANY, APPELLANT, v. CITY OF TALLMADGE BOARD OF ZONING APPEALS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 14, 1988.

Attorney(s) appearing for the Case

Amer, Cunningham, Brennan Co., L.P.A., Nickolas P. Andreeff and Jack Morrison, Jr., for appellant.

Haley Law Offices Co., L.P.A., E. William Haley, Jr. and Mary E. Frey, for appellees.

H. BROWN, J.

The issue before us is whether a board of zoning appeals in a non-chartered municipality has jurisdiction, pursuant to R.C. 713.11, to hear and determine an appeal from the grant of a zoning certificate. We hold that it does not.

Although the Tallmadge ordinances1 appear to permit the board to hear appeals from the grant of zoning certificates, both parties agree that...

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