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HUTCHINSON v. WAYNE TWP. BD. OF ZONING APPEALS

No. CA2011-02-024.

2011 Ohio 5590

Timothy Hutchinson, et al., Plaintiffs-Appellants, v. Wayne Township Board of Zoning Appeals, Defendant-Appellee.

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

October 31, 2011.

Attorney(s) appearing for the Case

Scott D. Phillips , Benjamin J. Yoder , 9277 Centre Pointe Drive, Suite 300, West Chester, Ohio 45069, for plaintiffs-appellants.

Michael T. Gmoser , Butler County Prosecuting Attorney, Roger S. Gates , P.O. Box 515, Hamilton, Ohio 45012-0515, for defendant-appellee.

OPINION

HENDRICKSON, J.

{¶1} Plaintiffs-appellants, Jana Hutchinson and Timothy Hutchinson, mother and son, appeal the decision of the Butler County Court of Common Pleas affirming the decision of appellee, the Wayne Township Board of Zoning Appeals ("BZA"), to deny appellants' application for a conditional use permit. For the reasons discussed below, we reverse the decision of the lower court and remand for further proceedings.

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