Trans Rail America, Inc. v. Hubbard Township

Mary Jane Trapp, Judge.

{¶ 1} Appellant, Hubbard Township, appeals the Trumbull County Court of Common Pleas July 3, 2006 judgment entry, which granted declaratory relief in favor of appellee. For the following reasons, we affirm.

Substantive Facts and Procedural History

{¶ 2} As stipulated by the parties, the facts are as follows. On July 23, 2004, appellee, Trans Rail America, Inc. (“Trans Rail”) filed a complaint against Hubbard Township, seeking a declaratory judgment that appellee’s property was zoned for industrial use. Trans Rail had purchased the property, which is located at 6415 Mt.…