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BD. OF BAINBRIDGE TWP. TRUSTEES v. FUNTIME, INC.

No. 89-1228.

55 Ohio St. 3d 106 (1990)

BOARD OF TOWNSHIP TRUSTEES OF BAINBRIDGE TOWNSHIP, APPELLANT, v. FUNTIME, INC., APPELLEE.

Supreme Court of Ohio.

Decided December 5, 1990.

Attorney(s) appearing for the Case

David P. Joyce, prosecuting attorney, and Forrest W. Burt, for appellant.

Peterson, Ibold & Wantz, Jerry Peterson and David M. King, for appellee.

SWEENEY, J.

The present action challenges the validity of Section 151.04 of the Bainbridge Township Zoning Resolution, which provides as follows:

"No outdoor recreational park activities or operations which involve public participation shall be carried on between the hours of 12:01 a.m. and 8:00 a.m."

The authority of townships in Ohio to adopt local zoning regulations is derived from R.C. 519.02. It provides:

"For the purpose of promoting...

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