4522 Kenny Road, L.L.C. v. City of Columbus Board of Zoning Adjustment

Bowman, Judge.

{¶ 1} Appellant, 4522 Kenny Road, L.L.C., d.b.a. Kahoots, appeals from a judgment of the Franklin County Court of Common Pleas affirming the decision of appellee, Columbus Board of Zoning Adjustment (“BZA”), finding appellant in violation of the city’s zoning code. For the reasons that follow, we reverse that judgment.

{¶ 2} Appellant operates “Kahoots” at 4522 Kenny Road in Columbus, Ohio. That business is in a Commercial Planned Development District (“CPDD”), which prohibits, among other things, the operation of an “adults only entertainment establishment.” An “adults only…