Appeals court rules in favor of village of Blanchester in zoning dispute
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The Twelfth District Court of Appeals has affirmed a decision of the Clinton County Common Pleas Court granting judgment to the Village of Blanchester without a trial in a lawsuit involving a zoning dispute.
According to the court, in February of 2002, Blanchester rezoned 2.87 acres of property owned and occupied by J & M Precision Machining, Inc. from I-1 (Restricted Industrial) to I-2 (General Industrial). Thereafter, Richard Clifton, a nonresident contiguous property owner to the J & M property, sued Blanchester alleging the rezoning constituted a "taking" of his property. However, without having a trial, the trial court granted judgment to Blanchester because Clifton was not entitled to receive any compensation. On appeal to the Twelfth District, Clifton argued that the trial court improperly granted judgment to Blanchester without a trial.
In a unanimous decision, Presiding Judge William W. Young affirmed the judgment of the trial court. Judge Young determined that Clifton, a nonresident contiguous property owner, was not entitled to receive compensation because his use of the property, which sits wholly outside Blanchester's jurisdictional boundaries, was not interfered with in any way. In addition, Judge Young found that because Clifton merely alleged a reduction in his property value due to Blanchester's decision to rezone the J & M property, he was not entitled to receive compensation from the alleged "taking." Judges H.J. Bressler and Robert A. Hendrickson concurred in the opinion.
The decision of the Twelfth District Court of Appeals affirmed the trial court's decision granting judgment to the Village of Blanchester without a trial in a lawsuit involving a zoning dispute.
The Twelfth District Court of Appeals has affirmed a decision of the Clinton County Common Pleas Court granting judgment to the Village of Blanchester without a trial in a lawsuit involving a zoning dispute.
According to the court, in February of 2002, Blanchester rezoned 2.87 acres of property owned and occupied by J & M Precision Machining, Inc. from I-1 (Restricted Industrial) to I-2 (General Industrial). Thereafter, Richard Clifton, a nonresident contiguous property owner to the J & M property, sued Blanchester alleging the rezoning constituted a "taking" of his property. However, without having a trial, the trial court granted judgment to Blanchester because Clifton was not entitled to receive any compensation. On appeal to the Twelfth District, Clifton argued that the trial court improperly granted judgment to Blanchester without a trial.
In a unanimous decision, Presiding Judge William W. Young affirmed the judgment of the trial court. Judge Young determined that Clifton, a nonresident contiguous property owner, was not entitled to receive compensation because his use of the property, which sits wholly outside Blanchester's jurisdictional boundaries, was not interfered with in any way. In addition, Judge Young found that because Clifton merely alleged a reduction in his property value due to Blanchester's decision to rezone the J & M property, he was not entitled to receive compensation from the alleged "taking." Judges H.J. Bressler and Robert A. Hendrickson concurred in the opinion.
The decision of the Twelfth District Court of Appeals affirmed the trial court's decision granting judgment to the Village of Blanchester without a trial in a lawsuit involving a zoning dispute.
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