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HIGHLANDERS ENTERPRISE, LLC v. CHESTER TOWNSHIP BOARD OF ZONING APPEALS

No. 2009CA0001.

2009 Ohio 3402

Highlanders Enterprise, LLC, Plaintiff-Appellee, v. Chester Township Board of Zoning Appeals, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: July 8, 2009.

Attorney(s) appearing for the Case

Brian P. Barger, Brady, Coyle & Schmidt, Ltd., 4052 Holland-Sylvania Road, Toledo, Ohio 43623, for Plaintiff-Appellee.

Charles S. Howland, Morrow County Prosecuting Attorney, 60 East High Street, Mt. Gilead, Ohio 43338, for Defendant-Appellant.

Before: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. John W. Wise, J.

OPINION

HOFFMAN, J.

{¶1} Appellant Chester Township Board of Zoning Appeals (hereinafter "BZA") appeals the December 23, 2008 Judgment Entry of the Morrow County Court of Common Pleas in favor of Appellee Highlanders Enterprises, LLC

STATEMENT OF THE FACTS AND CASE

{¶2} On November 24, 2007, Highlanders Enterprises, LLC (hereinafter "Highlanders") filed an application for a conditional use permit with...

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