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BP OIL CO. v. CITY OF DAYTON BD. OF ZONING APPEALS

No. CA 15366.

109 Ohio App.3d 423 (1996)

BP OIL COMPANY et al., Appellants, v. CITY OF DAYTON BOARD OF ZONING APPEALS et al., Appellees.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided February 16, 1996.

Attorney(s) appearing for the Case

Strauss & Troy, Leon L. Wolf and Charles C. Ashdown, for appellants.

J. Anthony Sawyer, Dayton Director of Law, and Steven R. Milby, Senior City Attorney, for appellees.

FREDERICK N. YOUNG, Judge.

This is an appeal from a decision issued by the Dayton Board of Zoning Appeals ("BZA") granting BP Oil Company's conditional use permit. The land subject to the permit is a BP-owned automobile service station and convenience store, located at 500 Salem Avenue. This land is situated in a B-2 Community Business District.

I

In August 1993, BP applied to the zoning administrator...

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