Legal Opinion

Board of Township Trustees v. Funtime, Inc.

Ohio Supreme Court

Decided December 5, 1990No. 89-1228PublishedCited by 32 opinions

1Opinion of the CourtSweeney, J.

The present action challenges the validity of Section 151.04 of the Bainbridge Township Zoning Resolution, which provides as follows:

“No outdoor recreational park activities or operations which involve public participation shall be carried on between the hours of 12:01 a.m. and 8:00 a.m.”

The authority of townships in Ohio to adopt local zoning regulations is derived from R.C. 519.02. It provides:

“For the purpose of promoting the public health, safety, and morals, the board of township trustees may in accordance with a comprehensive plan regulate by resolution the location, height, bulk,…

2Cases cited1 opinion

  1. City of Cincinnati v. CorrellOhio Supreme Court · 1943

3Cited by32 opinions

  1. Terry v. SperryOhio Supreme Court · 2011
  2. Dsuban v. Union Township Board of Zoning AppealsOhio Court of Appeals · 2000
  3. Union Township Board of Trustees v. Old 74 Corp.Ohio Court of Appeals · 2000
  4. Essroc Materials, Inc. v. Poland Township Board of Zoning AppealsOhio Court of Appeals · 1997
  5. Perry v. Providence TownshipOhio Court of Appeals · 1991

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