SHELLY MATERIALS v. STREETSBORO

No. 2018-0237.

145 N.E.3d 246 (2019)

158 Ohio St.3d 476

2019-Ohio-4499

SHELLY MATERIALS, INC., Appellant, v. The CITY OF STREETSBORO PLANNING AND ZONING COMMISSION et al., Appellees.

Supreme Court of Ohio.

Decided November 5, 2019.


Attorney(s) appearing for the Case

Eastman & Smith, Ltd., Reginald S. Jackson Jr. , Toledo, Brian P. Barger , and Barry W. Fissel , Columbus, for appellant.

Sutter O'Connell Co., Robert E. Cahill , and Matthew C. O'Connell , Cleveland, for appellees.

Brady, Coyle & Schmidt, Ltd., and Margaret G. Beck , Toledo, urging reversal for amici curiae Ohio Chamber of Commerce; NAIOP of Ohio, Inc.; National Federation of Independent Business; Ohio Chemistry Technology Council; Ohio Aggregates and Industrial Minerals Association; National Stone, Sand and Gravel Association; Flexible Pavements of Ohio; Ohio Ready Mixed Concrete Association; Ohio Forestry Association; Ohio Home Builders Association; and Ohio Contractors Association.


{¶ 1} The questions raised in this appeal concern the scope of review conducted by a court of appeals in an R.C. Chapter 2506 administrative appeal. For the reasons that follow, we conclude that the Eleventh District Court of Appeals exceeded its scope of review in this case and we accordingly reverse the judgment of...

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