BOICE v. OTTAWA HILLS

No. 2012-0413.

137 Ohio St.3d 412 (2013)

2013-Ohio-4769

BOICE ET AL., Appellants, v. VILLAGE OF OTTAWA HILLS ET AL., Appellees.

Supreme Court of Ohio.

Decided November 7, 2013.


Attorney(s) appearing for the Case

Barkan & Robon, Ltd., Marvin A. Robon , and Larry E. Yunker II , for appellants.

Maloney, McHugh & Kolodgy, Ltd., Sarah A. McHugh , and Emily C. Zillgitt , for appellees.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, Michael J. Hendershot , Chief Deputy Solicitor, and Michael Stokes , Principal Assistant Attorney General, urging affirmance for amicus curiae state of Ohio.

John Gotherman ; and Ice Miller L.L.P., Stephen J. Smith , Philip Hartmann , and Rebecca K. Schaltenbrand , urging affirmance for amicus curiae Ohio Municipal League.


O'NEILL, J.

{¶ 1} Plaintiffs-appellants, the Boices, owned a piece of real estate adjacent to their suburban residence for over 30 years. In 2004, defendant-appellee village of Ottawa Hills denied their request for a variance seeking to have the vacant 33,000-square-foot residential lot declared a "buildable" lot. The zoning code at that time included a requirement that no structure could be built on a lot smaller than 35,000 square...

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