ENGEL v. CROSBY TWP. BD. OF ZONING APPEALS

No. C-080495.

180 Ohio App.3d 734 (2009)

2009-Ohio-240

ENGEL et al., Appellants, v. CROSBY TOWNSHIP BOARD OF ZONING APPEALS et al., Appellees; Fort Scott Development Company, L.L.C., et al., Intervening Appellees.

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

Decided January 23, 2009.


Attorney(s) appearing for the Case

Keating, Muething & Klekamp, Joseph L. Trauth Jr., and Thomas M. Tepe Jr., for appellants.

Surdyk, Dowd & Turner Co., L.P.A., Robert J. Surdyk, Joshua R. Schierloh, and Timothy G. Mara, for appellees Crosby Township Board of Zoning Appeals, Eric T. Espel, and Crosby Township.

Barrett & Weber L.P.A. and C. Francis Barrett, for intervening appellee Fort Scott Development Company, L.L.C.

Gary E. Powell, for intervening appellee Residents Against Motorsports Park and individual intervening appellees.

Barrett & Weber L.P.A. and Karri K. Haffner, for amicus curiae Westhomes, Inc.


SUNDERMANN, Presiding Judge.

{¶1} Tonya Engel appeals the trial court's entry of judgment that affirmed a decision of the Crosby Township Board of Zoning Appeals ("the BZA"). We conclude that the township's zoning resolution is not unconstitutional and that the trial court did not err as a matter of law when it affirmed the BZA's decision.

I. Background

{¶2} Tonya Engel owns 162 acres of land in Crosby Township...

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