CHARTON v. PIKE TWP. BD. OF ZONING APPEALS

No. 2005 CA 00032.

164 Ohio App.3d 487 (2005)

2005-Ohio-6340

CHARTON, Appellant, v. PIKE TOWNSHIP BOARD OF ZONING APPEALS et al., Appellees.

Court of Appeals of Ohio, Fifth District, Stark County.

Decided November 28, 2005.


Attorney(s) appearing for the Case

Robert G. Rubin, for appellant.

John D. Ferrero, Stark County Prosecuting Attorney, and Deborah A. Dawson, Assistant Prosecuting Attorney, for appellees Pike Township Board of Zoning Appeals.

Rex W. Miller, Sheldon Berns, Benjamin Ockner, and Jordan Berns, for appellee Republic Services of Ohio II, L.L.C.


WISE, Judge.

{¶ 1} Appellant, Fred Charton, appeals the decision of the Stark County Court of Common Pleas that dismissed his R.C. Chapter 2506 appeal for lack of subject-matter jurisdiction. The following facts give rise to this appeal.

{¶ 2} On August 31, 2004, appellee Pike Township Board of Zoning Appeals ("BZA") granted appellee Republic Services of Ohio II, L.L.C. ("Republic") a 25-percent (25-acre) expansion of landfill...

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