Henley v. City of Youngstown Board of Zoning Appeals

Appellants contend that the court of appeals substituted its judgment for that of the common pleas court when it reversed the decision of the common pleas court in this administrative appeal, and that the denial of the accessory use permit for the transitional-housing proposal unconstitutionally infringes appellants’ right to freely exercise their religion. We determine that the court of appeals did not exceed the scope of appellate review under R.C. 2506.04 when it reviewed the decision of the common pleas court in this case. Nevertheless, we differ from the court of appeals because we…