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DURELL v. SPRING VALLEY TWP. BD. OF ZONING APPEALS

C.A. No. 2012 CA 23.

2012 Ohio 5098

BILL DURELL, et al., Plaintiff-Appellee, v. SPRING VALLEY TOWNSHIP BOARD OF ZONING APPEALS, et al., Defendant-Appellant.

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

Rendered on November 2, 2012.

Attorney(s) appearing for the Case

B. RANDALL ROACH , Atty. Reg. No. 0065537, 26 N. Wright Avenue, Fairborn, Ohio 45324, Attorney for Plaintiff-Appellee.

ELIZABETH A. ELLIS , Atty. Reg. No. 0074332, Greene County Prosecutor's Office, 61 Greene Street, Xenia, Ohio 45385, Attorney for Defendant-Appellant.

OPINION

FROELICH, J.

{¶ 1} The Spring Valley Township Board of Zoning Appeals ("the BZA") appeals from a judgment of the Greene County Court of Common Pleas, which found that the BZA had acted in a manner inconsistent with prior court judgments and had "discriminated against [Bill] Durell" when it granted a variance for property owned by Patrick Mahaffey after denying a similar request by Durell for a variance related...

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