MORAINE MATERIALS CO. v. GERMAN TOWNSHIP BOARD OF ZONING APPEALS

Appellate No. 24238.

2011 Ohio 2074

Moraine Materials Co., Plaintiff-Appellant, v. German Township Board of Zoning Appeals, Defendant-Appellee.

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

Rendered on April 29, 2011.


Attorney(s) appearing for the Case

MICHAEL W. SANDNER , Atty. Reg. #0064107, Pickrel, Schaeffer & Ebeling Co., 2700 Kettering Tower, Dayton, Ohio 45423, Attorney for Plaintiff-Appellant.

MATHIAS H. HECK, JR. , by DOUGLAS M. TROUT, Atty. Reg. #0072027, Montgomery County Prosecutor's Office, Appellate division, Montgomery County Courts Building, Post Office Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Defendant-Appellee.


OPINION

FAIN, J.

{¶1} Plaintiff-appellant Moraine Materials appeals from a judgment of the Montgomery Country Court of Common Pleas affirming a decision of defendant-appellee German Township Board of Zoning Appeals denying the application of Moraine Materials for a conditional use permit. Moraine Materials contends that the decision by German Township Board of Zoning Appeals does not comply with Township ordinance 406.05, and that the ordinance...

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