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DURELL v. SPRING VALLEY TWP. BD. OF ZONING APPEALS

C.A. No. 2012 CA 23.

2012 Ohio 5098

BILL DURELL, et al., Plaintiff-Appellee, v. SPRING VALLEY TOWNSHIP BOARD OF ZONING APPEALS, et al., Defendant-Appellant.

Court of Appeals of Ohio, Second District, Greene County.

Rendered on November 2, 2012.

Attorney(s) appearing for the Case

B. RANDALL ROACH, Atty. Reg. No. 0065537, 26 N. Wright Avenue, Fairborn, Ohio 45324, Attorney for Plaintiff-Appellee.

ELIZABETH A. ELLIS, Atty. Reg. No. 0074332, Greene County Prosecutor's Office, 61 Greene Street, Xenia, Ohio 45385, Attorney for Defendant-Appellant.

OPINION

FROELICH, J.

{¶ 1} The Spring Valley Township Board of Zoning Appeals ("the BZA") appeals from a judgment of the Greene County Court of Common Pleas, which found that the BZA had acted in a manner inconsistent with prior court judgments and had "discriminated against [Bill] Durell" when it granted a variance for property owned by Patrick Mahaffey after denying a similar request by Durell for a variance related...

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