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EVANS v. VILLAGE OF LAKEVIEW

No. 8-88-18.

67 Ohio App.3d 117 (1990)

EVANS et al., Appellees, v. VILLAGE OF LAKEVIEW et al., Appellees; Barnes et al., Appellants.

Court of Appeals of Ohio, Logan County.

Decided March 28, 1990.

Attorney(s) appearing for the Case

MacGillivray & Heaton and Douglas MacGillivray, for appellees Frank W. Evans et al.

Chris Schrader, for appellees village of Lakeview et al.

Elsass, Schmitt, Wallace & Co., L.P.A., Stanley R. Evans and Louis M. Best, for appellants.

SHAW, Presiding Judge.

Defendants-appellants, Rex Barnes and C. Joan Barnes, appeal from a decision entered in the Court of Common Pleas of Logan County granting summary judgment in favor of plaintiffs-appellees, Frank W. Evans et al., and thereby declaring village of Lakeview Ordinance No. 86-3 to be invalid.

In 1985, defendants petitioned the village of Lakeview to rezone a 2.25 acre tract of land, which defendants owned, from an R-1 single family district...

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