Zangara v. Chester Twp. Trustees

Christley, Judge.

I respectfully dissent.

The problem with this case is the interpretation of the Ohio Supreme Court cases, Kisil v. Sandusky (1984), 12 Ohio St.3d 30, 12 OBR 26, 465 N.E.2d 848, and Duncan v. Middlefield (1986), 23 Ohio St.3d 83, 23 OBR 212, 491 N.E.2d 692.

Those cases stand for the proposition that an applicant for an area variance need only show practical difficulty rather than unnecessary hardship. The difficulty in applying those cases to the instant fact situation is that those two cases did not argue or distinguish between a municipal zoning board as opposed to a township…