BOICE ET AL., Appellants,
v.
VILLAGE OF OTTAWA HILLS ET AL., Appellees.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted March 12, 2013.
Decided November 7, 2013.
Attorney(s) appearing for the Case
Barkan & Robon, Ltd., Marvin A. Robon, and Larry E. Yunker II, for appellants.
Maloney, McHugh & Kolodgy, Ltd., Sarah A. McHugh, and Emily C. Zillgitt, for appellees.
Michael DeWine, Attorney General, Alexandra T. Schimmer, Solicitor General, Michael J. Hendershot, Chief Deputy Solicitor, and Michael Stokes, Principal Assistant Attorney General, urging affirmance for amicus curiae state of Ohio.
John Gotherman; and Ice Miller L.L.P., Stephen J. Smith, Philip Hartmann, and Rebecca K. Schaltenbrand, urging affirmance for amicus curiae Ohio Municipal League.
Supreme Court of Ohio.
O'NEILL, J.
{¶ 1} Plaintiffs-appellants, the Boices, owned a piece of real estate adjacent to their suburban residence for over 30 years. In 2004, defendant-appellee village of Ottawa Hills denied their request for a variance seeking to have the vacant 33,000-square-foot residential lot declared a "buildable" lot. The zoning code at that time included a requirement that no structure could be built on a lot smaller than 35,000 square...
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