Legal Opinion

State ex rel. Casale v. McLean

Ohio Supreme Court

Decided March 27, 1991No. 90-172PublishedCited by 4 opinions

1Per curiam

McLean contends that the appellate court erred in granting the writ of mandamus. We disagree and affirm the judgment of the court of appeals.

McLean first argues that the board acted beyond its authority in granting the variance. He reasons that the decision is null and void because, by granting a variance “amending” the How-land Township Zoning Ordinance, the board usurped the legislative functions reserved to the Howland Township Zoning Commission and/or the Board of Howland Township Trustees.

The appellate court found that the board did not lack authority to grant the variance. We agree.

Secti…

2Cases cited4 opinions

  1. Set Products, Inc. v. Bainbridge Township Board of Zoning AppealsOhio Supreme Court · 1987
  2. State ex rel. Caspar v. City of DaytonOhio Supreme Court · 1990
  3. State ex rel. Bingham v. RileyOhio Supreme Court · 1966
  4. State ex rel. Henderson v. Maple Heights Civil Service CommissionOhio Supreme Court · 1980

3Cited by4 opinions

  1. In Re Thomas R. Beaty and Nancy Z. Beaty, Debtors, Thomas R. Beaty v. David SelingerCourt of Appeals for the Ninth Circuit · 2002
  2. Perrico Property Systems v. City of IndependenceOhio Court of Appeals · 1994
  3. Vermilion Twp. Bd. of Trustees v. NovotnyOhio Court of Appeals · 2024
  4. In Re Thomas R. Beaty and Nancy Z. Beaty, Debtors, Thomas R. Beaty v. David SelingerCourt of Appeals for the Ninth Circuit · 2002

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