MASSASAUGA RATTLESNAKE RANCH, INC. v. HARTFORD TWP. BD. OF ZONING APPEALS

Nos. 2011-T-0060, 2001-T-0061

2012 Ohio 1275

MASSASAUGA RATTLESNAKE RANCH, INC., Appellee, v. HARTFORD TOWNSHIP BOARD OF ZONING APPEALS, et al., Appellants, JOSEPH FIRE, Appellant.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

March 26, 2012.


Attorney(s) appearing for the Case

Stephen W. Funk , 222 South Main Street, #400, Akron, OH 44308 (For Appellee).

Mark S. Finamore , 258 Seneca Avenue, N.E., P.O. Box 1109, Warren, OH 44481 (For Appellants-Hartford Township).

Thomas C. Nader , Nader & Nader, 5000 East Market Street, #33, Warren, OH 44484 (For Appellant-Joseph Fire).


OPINION

DIANE V. GRENDELL, J.

{¶ 1} Appellants, Hartford Township Board of Zoning Appeals (BZA) and Joseph Fire, appeal the judgment of the Trumbull County Court of Common Pleas, reversing the BZA's grant of a use variance in favor of Fire. The issue to be determined by this court is whether an individual who is aware of existing zoning restrictions at the time he purchases property may seek to obtain a use variance, predicated on unnecessary...

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