SIEBENTHALER CO. v. BEAVERCREEK TOWNSHIP

Appellate No. 09-CA-36.

2009 Ohio 6595

The Siebenthaler Company, Plaintiff-Appellee, v. Beavercreek Township, Ohio Board of Zoning Appeals, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Greene County.

Rendered on December 11, 2009.


Attorney(s) appearing for the Case

Michael P. McNamee, Atty. Reg. #0043861, and Gregory B. O'Connor, Atty. Reg. #0077901, McNamee & McNamee, PLL, 2625 Commons Boulevard, Beavercreek, Ohio 45431, Attorney for Plaintiff-Appellee.

Robert J. Surdyk, Atty. Reg. #0006205, and Brendan D. Healy, Atty. Reg. #0081225, Surdyk Dowd & Turner, One Prestige Place, Suite 700, Miamisburg, Ohio 45342, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Appellant Beavercreek Township, Ohio, Board of Zoning Appeals (the Board) appeals from a judgment rendered against it in the Greene County Court of Common Pleas. The Board contends that the trial court erred in reversing and vacating its decision to uphold a Cease, Desist and Removal order issued by the Beavercreek Township Zoning Officer against appellee The Siebenthaler Company (Siebenthaler).

{¶...

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