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BRACKETT v. MOLER RACEWAY PARK, L.L.C.

No. CA2010-07-014.

195 Ohio App.3d 372 (2011)

2011-Ohio-4469

BRACKETT et al., Appellees, v. MOLER RACEWAY PARK, L.L.C., et al., Appellants.

Court of Appeals of Ohio, Twelfth District, Brown County.

Decided September 6, 2011.

Attorney(s) appearing for the Case

Critchfield, Critchfield & Johnston, Ltd., John H. Schaeffer , J. Douglas Drushal , and Patrick E. Noser , for appellees.

Keating Muething & Klekamp, P.L.L., Joseph L. Trauth Jr. , and Michael T. Cappel , for appellants.

PIPER, Judge.

{¶ 1} Defendant-appellant, Moler Raceway Park, L.L.C. ("Moler"), appeals the decision of the Brown County Court of Common Pleas regarding restrictions placed on the use of its property. We reverse the decision of the trial court and remand the case for further proceedings.

{¶ 2} Moler owns 40 acres of land in Sterling Township on which it operates a quarter-mile dirt track motor raceway. There are no zoning...

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