Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Glass City Academy, Inc. v. City of Toledo

December 5, 2008

GLASS CITY ACADEMY, INC. APPELLEE
v.
CITY OF TOLEDO APPELLANT



Trial Court No. CI06-6794.

The opinion of the court was delivered by: Pietrykowski, J.

DECISION AND JUDGMENT

{¶1} This is an administrative appeal of an October 3, 2007 judgment of the Lucas County Court of Common Pleas in a dispute concerning whether a special use permit should be granted to permit construction and operation of a charter school at 3322 Schneider Road in Toledo, Ohio. The court of common pleas reversed a decision of Toledo City Council that denied the permit to appellee, Glass City Academy, Inc. ("academy"), for the school. Appellant, the city of Toledo ("city"), appeals the trial court judgment.

{¶2} The city asserts two errors on appeal:

{¶3} "Assignment of Error No. 1:

{¶4} "The trial court erred in reversing Toledo City Council's decision denying the Appellee's application for a Special Use Permit as City Council's decision was supported by reliable, probative and/or substantial evidence.

{¶5} "Assignment of Error No. 2:

{¶6} "The trial court erred in granting Appellee's request for a Special Use Permit without either remanding the matter to Toledo City Council for further proceedings or taking additional testimony."

{¶7} The academy is a charter school established in 2003 under R.C. Chapter 3314 with students in grades 11 and 12. In May 2006, the academy applied to the city for a special use permit in order to build a new school facility on an undeveloped 4.1 acre lot located at 3322 Schneider Road in Toledo. The parties agree that the proposed site for the charter school is designated for "Office Commercial" use, not residential use, and that such a zoning designation permits schools, including the one proposed by appellee, by special permit only.

{¶8} The application for the permit was considered initially by the Toledo Plan Commission. By ordinance, Toledo Municipal Code 1111.0703, the commission staff is required to review such applications, to distribute the proposed use (where necessary) to other agencies, and to prepare a staff report to both the Plan Commission and Toledo City Council on the proposed special use. Toledo Municipal Code 1111.0703. The staff report on the permit request is contained as part of the report of the Plan Commission to council. It is included in the administrative record in this appeal.

{¶9} The report concluded that the proposed use did not comply with the Toledo 20/20 Comprehensive Plan:

{¶10} "Surrounding land uses include single-family residential neighborhoods to the south and east, alzheimers and elderly care housing complexes to the north and east, and stores, shopping centers and medical offices to the north and west. The Toledo 20/20 Comprehensive Plan designates this area for regional and general commercial uses and notes that some office and multi-family uses may also be interspersed in areas with this designation. Schools are typically sited in areas designated for residential uses, rather than commercial uses, so the special use permit is not consistent with the Toledo 20/20 Plan. However, much of the overall Foundation Park plat initially intended for offices has been developed with elderly housing and retail uses." (Emphasis added.)

{¶11} The staff analysis report also indicated that the city's Department of Development objected to issuance of the special use permit:

{ΒΆ12} "The Department objects to the issuing of a special use permit for the Glass City Academy charter high school at 3322 Schneider Road. This site would be more suited for housing or the extension of the surrounding office complex. There are several vacant buildings in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.