POA Co. v. Findlay Township Zoning Hearing Board

A review of the record demonstrates that the majority opinion and order are predicated upon assumed facts not of record as well as an issue not raised by the Township prior to this appeal. Accordingly, I dissent.

The facts as herein relevant are as follows. POA Company (POA) owned 5.5 acres of land which, along its northerly line, abuts State Route 60 (Airport Parkway) in the Township of Findlay (Township). There was no access to POA’s land from the Airport Parkway. Abutting POA’s land at its easterly line is land owned by Martin Media (Martin) (formerly owned by Patrick Realty Corporation).…