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Southgate Corp. v. Village of Granville

Court of Appeals of Ohio, Fifth District, Licking

June 3, 2019

SOUTHGATE CORPORATION Plaintiff-Appellee
v.
VILLAGE OF GRANVILLE, ET AL. Defendants-Appellants

          Appeal from the Court of Common Pleas, Case No. 18-CV-00588

          FOR PLAINTIFF-APPELLEE JOSEPH R. MILLER CHRISTOPHER L. INGRAM KARA M. MUNDY

          FOR DEFENDANTS-APPELLANTS MICHAEL J. KING

          Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, J.

         {¶ 1} Defendants-Appellants, Village of Granville, Ohio and Village Council for the Village of Granville, Ohio, appeal the November 2, 2018 decision and order of the Court of Common Pleas of Licking County, Ohio, vacating a decision by the village limiting the commercial uses of a development plan of Plaintiff-Appellee, Southgate Corporation.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} In January 2018, appellee submitted a planned development district application with the Granville Planning Commission to develop approximately 57.5 acres of vacant land. Appellee proposed a planned unit district (hereinafter "PUD") comprised of single-family and multi-family dwellings and a limited mixed-use combination of commercial uses. The Granville Planning Commission recommended that the application be approved. Appellants approved appellee's plan, except they limited appellee's mixed-use combination of commercial uses to four uses: business and professional offices and financial institutions, specialty food shops, specialty retail shops, and restaurants. Appellants cited Chapter 1171 of "the Granville Codified Ordinances and Comprehensive Plan guidance regarding Future Land Uses, Preserving Small Town Character and Strengthening the Tax Base" to support their decision.

         {¶ 3} On June 8, 2018, appellee filed an administrative appeal contesting the limitation with the Court of Common Pleas of Licking County, Ohio pursuant to R.C. Chapter 2506. By decision and order filed November 2, 2018, the trial court vacated appellants' decision, finding appellants had no authority to limit or condition the commercial uses in approving appellee's PUD.

         {¶ 4} Appellants filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

         I

         {¶ 5} "THE TRIAL COURT ERRED BY EFFECTIVELY HOLDING CHAPTER 1171 OF THE GRANVILLE PLANNING AND ZONING CODE TO BE UNCONSTITUTIONAL ON ITS FACE, WITHOUT REGARD TO THE LAWFUL AND REASONABLE MANNER IN WHICH IT WAS ACTUALLY APPLIED TO SOUTHGATE CORPORATION'S PUD APPLICATION IN THIS CASE."

         II

         {¶ 6} "IF AN 'AS APPLIED' ANALYSIS IS CORRECTLY FOLLOWED, CHAPTER 1171 OF THE GRANVILLE PLANNING AND ZONING CODE IS NOT UNCONSTITUTIONALLY VAGUE AND DID NOT ...


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