Legal Opinion

Clark v. Board of Commissioners

Ohio Court of Appeals

Decided September 30, 2004No. 04CA0027Published

1Opinion of the Court

Gkady, Judge.

{¶ 1} This is an appeal from a judgment of the court of common pleas in an appeal to that court brought pursuant to R.C. Chapter 2506 from a decision of an administrative agency.

{¶ 2} The agency had denied a variance from a regulation requiring a homeowner to connect to a municipal sewage disposal system. The court found that the denial was unsupported by the record and reversed it, ordering the agency to grant the variance.

{¶ 3} On review, we find that the trial court abused its discretion, and on that basis we will reverse and remand the case for an order in favor of the agency…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. C. E. Morris Co. v. Foley Construction Co.Ohio Supreme Court · 1978
  2. DeMoise v. DowellOhio Supreme Court · 1984
  3. Shipman v. Lorain County Board of HealthOhio Court of Appeals · 1979
  4. Town Center Development Co. v. City of ClevelandOhio Supreme Court · 1982
  5. Minoughan v. City of KetteringOhio Court of Appeals · 1999

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