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CITY OF MORAINE v. BD. OF COUNTY COMMRS. OF MONTGOMERY COUNTY

No. 80-1101.

67 Ohio St. 2d 139 (1981)

CITY OF MORAINE, APPELLANT, v. BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY ET AL., APPELLEES. BROWN ET AL.; HARRISON ET AL., APPELLANTS, v. CRESS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 8, 1981.

Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee, Mr. Richard C. Brahm, Mr. Phillip B. Herron and Mr. Robert E. Albright, for appellants.

Mr. Chris R. Van Schaik and Mr. Kenneth R. Pohlman, for appellee Board of County Commissioners.

Austin & Jones Co., L.P.A., Mr. Taylor Jones, Jr., Mr. Richard Austin, Messrs. Smith & Schnacke and Ms. Beverly F. Shillito, for appellees North Sanitary Landfill, Inc., and Cress.

Per Curiam.

I.

Appellants' first proposition of law is two-fold. Initially, appellants assert, in essence, that, since the board of county commissioners is not specifically authorized to reconsider its own prior zoning decision, it must initiate the full procedural requirements as prescribed by R. C. 303.12 before reconsidering its own prior zoning decision.

We find no merit in this contention and hold that the county commissioners...

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