Loy v. Liberty Twp. Bd. of Trustees, Unpublished Decision (3-22-2004)
Loy v. Liberty Twp. Bd. of Trustees, Unpublished Decision (3-22-2004)
Opinion of the Court
{¶ 2} This case arose in October of 2001, when the Liberty Township zoning inspector sent two zoning violation notices to Loy, regarding violations on his 9410 County Road 84 property in Liberty Township, Hancock County. The violation notices were sent because Loy was using the property for his auto salvage business, Acres of Imported Automobiles. The notices informed Loy that his property was an agricultural zoned district that did not allow for his salvage business. Loy was given until November 9, 2001, to clear the property. Loy did not comply with the violation notices, nor did he appeal the notices to the Liberty Township zoning board of appeals.
{¶ 3} In January of 2002, Loy filed a complaint seeking a preliminary injunction to "maintain the status quo of the parties pending the Court's determination of Plaintiff's within Declaratory Judgment action," and a declaratory judgment requesting the court determine whether the use of his property qualified as a prior legal nonconforming use. In February of 2002, Liberty Township filed an answer, claiming as an affirmative defense that Loy failed to exhaust his administrative remedy of appeal to the board of zoning appeals under article XVII, section 1702 of the Liberty Township zoning resolution. Additionally, Liberty Township filed a counterclaim for an injunction and abatement of nuisance, claiming that Loy's use of the property was in violation of the 1974 zoning resolution.
{¶ 4} Following a one day trial, the court made numerous findings of fact and ultimately dismissed Loy's complaint, while granting Liberty Township's counterclaim. It is from this judgment Loy appeals, presenting nine assignments of error for our review.
The trial court committed judicial error in determining thatan appeal to the board of zoning appeals was necessary prior toappellant's filing for an action for declaratory relief.
The trial court committed judicial error in determing that theappellant did not assert the invalidity of the zoning ordinance.
The trial court erred in determining that the appellant'sbusiness required junk dealer and/or motor vehicle salvage dealerlicensure.
The trial court committed judicial error in determining thatthe appellant's business failed to comply with required licensureby confusing the state's definition of a junk yard which requireslicensure with the township's definition which does notnecessarily require a license.
The trial court erred in applying laws in effect in 2002,rather than laws in effect at the time of zoning enactment, todetermine that the appellant's business was not legal at the timeof the zoning enactment.
The trial court erred in determining that the appellant'sbusiness did not meet legal nonconforming status described inohio revised code
{¶ 5} Due to the nature of appellant's claims, we will address his assignments of error out of order.
{¶ 9} Having found no error prejudicial to the appellant herein, in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment affirmed.
Cupp and Bryant, JJ., concur.
Reference
- Full Case Name
- David Loy v. Liberty Township Board of Trustees
- Cited By
- 2 cases
- Status
- Unpublished