LORETO DEV. CO. v. VILLAGE OF CHARDON

Nos. 95-G-1920 and 95-G-1923.

119 Ohio App.3d 524 (1996)

LORETO DEVELOPMENT COMPANY, INC. et al., Appellees, v. VILLAGE OF CHARDON, Appellant.

Court of Appeals of Ohio, Eleventh District, Geauga County.

Decided October 18, 1996.


Attorney(s) appearing for the Case

Michael T. Gavin, Eli Manos, Anthony J. Coyne and David J. Eardley, for appellees.

James M. Gillette, Chardon Village Law Director, and Gary E. Powell, for appellant.


EDWARD J. MAHONEY, Judge.

This is an appeal from an order of the Geauga County Court of Common Pleas that (1) reversed the decision of the Chardon Board of Zoning Appeals ("board") that denied appellee's application for a conditional use permit to construct a Wal-Mart store and (2) entered a declaratory judgment that the applicable zoning restriction was unconstitutional. We reverse.

On April 14, 1994, appellee...

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