Legal Opinion
Matthews v. Pernell
Ohio Court of Appeals
Decided January 18, 1990No. 11543PublishedCited by 5 opinions
1Opinion of the CourtGrady, J.
In this appeal we are asked to determine whether the statutory exemption from township zoning regulation granted to a prior, nonconforming use is applicable to a use that has been judicially determined to be a public nuisance. We conclude that when the finding of nuisance is based on criminal activity determined to be a part of the use the same is unlawful and not entitled to the prior nonconforming use protection of R. C. 519.19.
I
Factual Posture
Appellees, who are the Board of Township Trustees and the Zoning Inspector of Butler Township in Montgomery County, have brought this action for…
2Cases cited3 opinions
- Whitehead v. General Telephone Co.Ohio Supreme Court · 1969
- Pschesang v. Village of Terrace ParkOhio Supreme Court · 1983
- Petti v. City of Richmond HeightsOhio Supreme Court · 1983
3Cited by5 opinions
- Wolfe v. Village of Brice, OhioDistrict Court, S.D. Ohio · 1999
- City of Wooster v. Entertainment One, Inc.Ohio Court of Appeals · 2004
- Harris v. Fitchville Township TrusteesDistrict Court, N.D. Ohio · 2001
- Interstate Independent Corp. v. Fayette County Board of Zoning AppealsOhio Court of Appeals · 1997
- Acton v. Jackson CountyMissouri Court of Appeals · 1993