COMMUNITY CONCERNED CITIZENS, INC. v. UNION TWP. BD. OF ZONING APPEALS

No. 92-207.

66 Ohio St.3d 452 (1993)

COMMUNITY CONCERNED CITIZENS, INC., APPELLANT, v. UNION TOWNSHIP BOARD OF ZONING APPEALS, APPELLEE.

Supreme Court of Ohio.

Decided June 23, 1993.


Attorney(s) appearing for the Case

Rosenhoffer, Nichols & Schwartz and Gary A. Rosenhoffer, for appellant.

Lindhorst & Dreidame Co., L.P.A., and Mark A. MacDonald; and John C. Korfhagen, for appellee.


ALICE ROBIE RESNICK, J.

In what should have been a relatively straightforward process, for several reasons, this case has become a procedural quagmire. On appeal to this court, appellant expends a great deal of effort arguing that the "complaint" it filed in the court of common pleas should not have been dismissed. Specifically, appellant asserts that its constitutional claims and corresponding plea for a declaratory judgment should have survived appellee's motion...

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