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SCHELLHARDT v. MERCER CTY. COMMRS., BD. OF ZONING APPEALS

No. 10-08-19.

182 Ohio App.3d 639 (2009)

2009-Ohio-1919

SCHELLHARDT et al., Appellants, v. MERCER COUNTY COMMISSIONERS, BOARD OF ZONING APPEALS et al., Appellees.

Court of Appeals of Ohio, Third District, Mercer County.

Decided April 27, 2009.

Attorney(s) appearing for the Case

Gregory D. Wilson for appellants.

Andrew J. Hinders, for appellees Mercer County Commissioners and Brice Blair.

William E. Huber, for appellees John and Michelle Kishler.

WILLAMOWSKI, Judge.

{¶ 1} Plaintiffs-appellants Barbara Schellhardt and others ("Schellhardt") bring this appeal from the judgment of the Court of Common Pleas of Mercer County affirming the judgment of the Mercer County Board of Zoning Appeals ("BZA"). For the reasons set forth below, the judgment is vacated, and the cause is dismissed.

{¶ 2} On November 6, 2004, John and Michelle Kishler ("the Kishlers") filed an application...

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