Pengal v. Mentor-On-The-Lake, Unpublished Decision (9-23-2005)

OPINION

{¶ 1} This appeal stems from a decision of the Lake County Court of Common Pleas in which the court held that the City of Mentor-on-the-Lake's zoning ordinance section 1252.04 was unconstitutional as applied to the sublot owned by appellee, Charles A. Pengal and, further, that the denial of appellee's requested variance constituted an unconstitutional taking of appellee's property.

{¶ 2} The following undisputed facts are relevant to a determination of this appeal. Appellee owns a sublot in the City of Mentor-on-the-Lake, Ohio, that is known as 18 Manor Drive. Appellee purchased the…