Village of Avon v. Popa

Chester Popa was convicted in the Mayor’s Court of Avon, Ohio, of violating a penal zoning ordinance. It was charged by affidavit “that * * * [he] established [a] business enterprise by opening a sand pit and disposed dirt and other substance from his property for profit.” It is asserted that the defendant violated the ordinance through conduct of a business in a residence zone.

An appeal of the judgment of conviction to the Common Pleas Court of Lorain County was dismissed by that court “upon the grounds that the voluntary payment of the fine waives the right to secure a review. ” Appeal has…