Waltco Truck Equipment Co. v. City of Tallmadge Board of Zoning Appeals

The issue before us is whether a board of zoning appeals in a non-chartered municipality has jurisdiction, pursuant to R.C. 713.11, to hear and determine, an appeal from the grant of a zoning certificate. We hold that it does not.

*42Although the Tallmadge ordinances1 appear to permit the board to hear appeals from the grant of zoning certificates, both parties agree that resolution of this case turns on the interpretation of R.C. 713.11, the enabling Act for municipal boards of zoning appeals.2 R.C. 713.11 provides:

“The legislative authority of a municipal corporation may create an…