MILLER v. CITY OF CANTON

No. 2011-CA-00093.

2011 Ohio 6783

Collin Miller, Plaintiff-Appellee, v. City of Canton, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT ENTRY: December 27, 2011.


Attorney(s) appearing for the Case

DAVID L. HERBERT , KRISTINE W. BEARD , 4580 Stephen Circle N.W., Ste. 300, Canton, OH 44718 218, For Plaintiff-Appellee.

KEVIN R. L'HOMMEDIEU , THOMAS A. BURNS , Canton Law Department, 218 Cleveland Avenue S.W., Canton, OH 44702, For Defendant-Appellant.

Before: W. Scott Gwin, P.J., Sheila G. Farmer, J., Patricia A. Delaney, J.


OPINION

GWIN, P.J.

{1} Appellant the City of Canton appeals a judgment of the Court of Common Pleas, of Stark County, Ohio, which reversed the decision of the Canton City Board of Zoning Appeals, finding the Zoning Ordinance is ambiguous and that appellee Colin Miller needs no variance for a fence erected on his property. Appellant assigns a single error to the trial court:

{2} "I. THE TRIAL COURT ERRED IN FINDING THAT CANTON...

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