Malone v. Bd. of Zoning Appeals of Xenia Township, 06-Ca-62 (7-27-2007)

OPINION

{¶ 1} John and Kathryn Malone appeal from a judgment of the Greene County Common Pleas Court affirming a zoning variance granted to contiguous property owners Shaun and Suzanne Lowry by the Xenia Township Board of Zoning Appeals. The Malones also appeal from the trial court's declaratory judgment that their property is subject to an express easement for ingress and egress. The Lowrys filed a cross-appeal seeking to affirm the trial court's decision regarding the easement on the grounds that the evidence established the existence of a prescriptive easement.

{¶ 2} We conclude that the…