West Chester Township Zoning v. Fromm

I believe that the zoning resolution at issue in this case is unconstitutionally vague and exceeds the authority granted to the township by statute. Therefore, I respectfully dissent.

In order for an ordinance to survive a void-for-vagueness challenge, it must “give sufficient warning so that individuals may conduct themselves so as to avoid that which is prohibited by law.” Lebanon v. McClure (1988), 44 Ohio App.3d 114, 116, 541 N.E.2d 1073, 1075, citing Rose v. Locke (1975), 423 U.S. 48, 96 S.Ct. 243, 46 L.Ed.2d 185. Ambiguities in zoning provisions that restrict the use of one’s land must…