Cleveland Industrial Square, Inc. v. Cleveland Board of Zoning Appeals

John F. Corrigan, Judge.

The Cleveland Board of Zoning Appeals (“BZA”) appeals from the judgment of the trial court which determined that Cleveland Industrial Square, Inc. and its lessee, Cleveland Distillation Energy Corporation (collectively, the “applicants”), are entitled to a use permit for a destructive distillation plant, under the city’s zoning ordinances. The applicants cross-appeal, challenging the trial court’s refusal to find portions of the zoning ordinances unconstitutional, and unconstitutional as applied. For the reasons set forth below, we reverse the trial court’s award of…