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WARE v. FAIRFAX BD. OF ZONING APPEALS

No. C-050149.

164 Ohio App.3d 772 (2005)

2005-Ohio-6516

WARE, d/b/a All About Seniors Day Care Center, et al., Appellants, v. FAIRFAX ZONING BOARD OF APPEALS, Appellee.

Court of Appeals of Ohio, First District, Hamilton County.

Decided December 9, 2005.

Attorney(s) appearing for the Case

Barrett & Weber, C. Francis Barrett, and Karri K. Haffner, for appellants.

Dinsmore & Shohl, Alan H. Abes, and Jessica S. Hylander, for appellee.

GORMAN, Judge.

{¶ 1} In a single assignment of error, appellants contend that the common pleas court erred by affirming the decision of the village of Fairfax's zoning board of appeals ("ZBA") that denied appellants' application to operate a senior daycare center in an "E" retail business zone. Because we conclude that the trial court erred as a matter of law, we reverse its judgment and order Fairfax to issue the necessary permit allowing appellants...

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