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TEX-1, INC. v. DAYTON BD. OF ZONING APPEALS

No. 18571.

143 Ohio App.3d 636 (2001)

TEX-1, INC., Appellant, v. CITY OF DAYTON BOARD OF ZONING APPEALS, Appellee.

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

Decided May 25, 2001.

Attorney(s) appearing for the Case

Richard S. Skelton, for appellant.

J. Rita McNeil, Dayton Director of Law, for appellee.

FAIN, Judge.

Appellant Tex-1, Inc. filed an application for a conditional use permit for the operation of a microbrewery and restaurant in the city of Dayton. The Dayton Board of Zoning Appeals ("BZA") denied the application. Tex-1 appealed the denial to the Montgomery County Common Pleas Court, which affirmed the decision of the BZA. On appeal to this court, Tex-1 contends that the trial court erred in affirming the...

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