B.J. ALAN COMPANY, D.B.A. PHANTOM FIREWORKS, et al., Appellees,
v.
CONGRESS TOWNSHIP BOARD OF ZONING APPEALS et al., Appellants.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Decided November 12, 2009.
Submitted December 17, 2008.
Attorney(s) appearing for the Case
Roetzel & Andress, L.P.A., Stephen W. Funk, and Paul W. Lombardi, for appellees.
Manley Burke, L.P.A., Timothy M. Burke, Emily T. Supinger, and Daniel J. McCarthy; and Martin Frantz, Wayne County Prosecuting Attorney, and Katherine Gallagher and Latecia Wiles, Assistant Prosecuting Attorneys, for appellants.
Loveland & Brosius, L.L.C., Donald F. Brosius, and Peter N. Griggs, urging reversal for amici curiae Ohio Township Association, Ohio Farm Bureau Federation, Inc., and Wayne County Farm Bureau.
Nick A. Selvaggio, Champaign County Prosecuting Attorney, and Scott D. Schockling, Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys' Association.
Berns, Ockner & Greenberger, L.L.C., Sheldon Berns, and Gary F. Werner, urging affirmance for amicus curiae Ohio Home Builders Association.
Law Office of Gary E. Powell and Gary E. Powell, urging affirmance for amici curiae American Planning Association and Ohio Planning Conference.
Supreme Court of Ohio.
PFEIFER, J.
{¶ 1} We address today the "comprehensive plan" requirement of R.C. 519.02. R.C. 519.02 allows township trustees to create, by resolution, zoning regulations to cover the unincorporated portions of townships. The statute requires such zoning resolutions to be "in accordance with a comprehensive plan." This case presents the question of whether the comprehensive plan required by the statute must be a plan developed by the...
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