Peachtree Development Co. v. Paul

The two critical issues in this case are (1) whether the board of county commissioners’ approval of the CUP, which approval subjects the 164.5 acre tract to a standard of zoning different from that which existed prior to the approval, constitutes legislative action which is subject to a referendum in accordance with R. C. 303.12, and (2) whether Article XVI of the Hamilton County Zoning Resolution unlawfully delegates legislative authority to the regional planning commission.

In resolving the foregoing issues, we are mindful of the test which this court has articulated in unravelling the…