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Dsuban v. Union Township Board of Zoning Appeals

Ohio Ct. App.December 18, 2000No. Case No. CA2000-03-055Cited 24 times
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Case Details

Judge(s)
Powell, Young, Valen
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The court affirmed the lower court's decision that Union Township's variance standards were invalid and illegal because they conflicted with Ohio Revised Code § 519.14, which requires an 'unnecessary hardship' standard for township variance cases. The case was remanded for reconsideration under the correct legal standard.

What This Ruling Means

**Dsuban v. Union Township Board of Zoning Appeals** This case involved a dispute over zoning variance standards used by Union Township's Board of Zoning Appeals. The plaintiff challenged the township's criteria for granting zoning variances, arguing that the standards the board was using didn't follow Ohio state law. The court ruled in favor of the plaintiff. The appeals court agreed with a lower court's finding that Union Township's variance standards were invalid and illegal. The problem was that the township's standards conflicted with Ohio Revised Code § 519.14, which requires townships to use an "unnecessary hardship" standard when deciding variance cases. Because the township was using the wrong legal criteria, the court sent the case back to be reconsidered using the correct state-mandated standard. **What this means for workers:** While this appears to be primarily a zoning law case rather than a traditional employment dispute, it demonstrates an important principle for all workers - government agencies and boards must follow the correct legal procedures and standards set by state law. When public employers or quasi-governmental boards don't follow proper legal standards, workers and citizens have the right to challenge these practices in court and can win when the law is on their side.

This summary was generated to explain the ruling in plain English and is not legal advice.

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