Wagner v. Zoning Board of Appeals

The plaintiffs appealed to the Court of Common Pleas from a decision of the Canton zoning board of appeals overruling the action of the zoning officer in granting a permit for an accessory building, which, it held, would create a business use and substantially change the residential character of the plaintiffs’ property. The appeal alleged that the board acted illegally, arbitrarily and in abuse of its discretion in eight specified ways. The Court of Common Pleas rendered judgment finding the plaintiffs to be aggrieved persons, finding the issues for them and sustaining the appeal. Prom the…