This put up was authored by Michele Abatangelo, Jacob D. Fuchsberg Touro Regulation Heart
West Jefferson Properties, LLC (WJP) proposed a plan to construct “a 24-building residential website consisting of 286 whole models with an extra business website consisting of a one-story, multi-tenant constructing with roughly 16,000 sq. ft of retail house. ” Subsequently, after discussing the proposed plan at three conferences, the Village Council declined WJP’s plan.
WJP then appealed the Village Council’s determination to the frequent pleas court docket, which agreed with the Village Council’s dedication. The court docket of frequent pleas affirmed the Village Council’s determination based mostly on the “transcript and the licensed document of proceedings” of the conferences. Based mostly on this proof, the decrease court docket discovered that WJP was given time to talk, and handle questions and issues, and there was “a preponderance of dependable, probative, and substantial proof within the document” that supported the Village’s dedication.
In its enchantment, WJP argued that the decrease court docket made three errors. WJP argued that the frequent pleas court docket didn’t give it a chance to be heard and current any arguments earlier than it overruled the executive enchantment, violating (1) its due course of rights and (2) RC 2506.03(A), which states that “an administrative enchantment ‘shall proceed as within the trial of a civil motion’” The Courtroom of Appeals discovered that WJP’s argument was with out advantage as a result of the frequent pleas court docket weighed the proof that the events submitted, and even when this proof didn’t symbolize all of the proof introduced forth to the Village Council, WJP by no means notified the court docket of this deficiency , regardless of having months to take action. As well as, WJP had quite a few alternatives to boost its place, and reply to the Village Council, and these alternatives have been plainly exhibited within the document reviewed by the decrease court docket.
WJP additionally argued that the decrease court docket didn’t permit it to complement the document earlier than the court docket issued a choice, nonetheless, WJP didn’t transfer to complement the document till after the court docket made its dedication. Subsequently, the Courtroom of Appeals of Ohio affirmed the decrease court docket’s determination to reject WJP’s software to assemble a residential and business growth within the village.
W. Jefferson Properties, Inc. v. villa. Council of the Vill, of W. Jefferson, Ohio, 2022 WL 4295386 (Ohio App. 9/19/2002).