ATWATER TWP. v. DEMCZYK

No. 89-P-2141.

72 Ohio App.3d 763 (1991)

ATWATER TOWNSHIP TRUSTEES, Appellants, v. DEMCZYK et al., Appellees.

Court of Appeals of Ohio, Portage County.

Decided March 4, 1991.


Attorney(s) appearing for the Case

David W. Norris, Prosecuting Attorney, and Douglas M. Kehres, Assistant Prosecuting Attorney, for appellants.

William S. Pidcock, for appellees.


JOSEPH E. MAHONEY, Judge.

Defendants-appellees, Victor and Rebecca Demczyk, own a farm at 309 State Route 225 in Atwater Township, Portage County, Ohio. For the past fifteen years, the Demczyks have bred, raised and trained horses on this property, which is zoned R-1 (residential) pursuant to the Atwater Township Zoning Resolution.

On August 30, 1989, the Demczyks contracted with defendant-appellee, Beaver Excavating Co., to excavate a lake and build a track...

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