MATTHEWS v. PERNELL

No. 11543.

64 Ohio App.3d 707 (1990)

MATTHEWS, Zoning Inspector, et al., Appellees, v. PERNELL et al., Appellants.

Court of Appeals of Ohio, Montgomery County.

Decided January 18, 1990.


Attorney(s) appearing for the Case

Victor T. Whisman, Assistant Prosecuting Attorney, and Robert E. Manley, Special Counsel, for appellees.

Wayne P. Stephan and James P. Rion, for appellants.


GRADY, Judge.

In this appeal we are asked to determine whether the statutory exemption from township zoning regulation granted to a prior, nonconforming use is applicable to a use that has been judicially determined to be a public nuisance. We conclude that when the finding of nuisance is based on criminal activity determined to be a part of the use the same is unlawful and not entitled to the prior nonconforming use...

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