State v. Breidenbach

Charles P. Breidenbach, defendant, has appealed from his conviction of two charges of violating Section 303.23 of the Revised Code, the state alleging that Breidenbach used land in violation of the Franklin County Zoning Resolution, adopted in 1948. Breidenbach pleaded not guilty and, among several errors assigned, claims that the state’s evidence was insufficient for failure to offer any proof concerning a prior nonconforming use or that Breidenbach does not come within any exception in the ordinance.

In substance, the state’s claim was that Breidenbach on or about October 1, 1963, and also…