Case Details
- Judge(s)
- D'Apolito
- Status
- Published
- Procedural Posture
- bench trial; appellate review of trial court decision
Related Laws
No specific laws identified for this ruling.
Outcome
The court affirmed the trial court's finding that the appellee was not in violation of Boardman Home Rule Resolution 99-02, Section 3(C)(4) regarding noxious weeds, as the citation failed to establish violations under the specific ordinance language.
Excerpt
CIVIL – Boardman Home Rule Resolution ("HRR") 99-02, Section 3, (C)(4) weeds Canada thistle civil citation bench trial matters of law reviewed de novo manifest weight of the evidence the Ohio Administrative Code defines prohibited "noxious weeds" but HRR 99-02 does not the civil citation filed against Appellee alleges violations under HRR 99-02 nowhere within the citation does Appellant maintain that Appellee is in violation under the Ohio Administrative Code HRR 99-02 does not reference and incorporate the Ohio Administrative Code Appellee is not required to look elsewhere, beyond the parameters of HRR 99-02 the trial court did not err as a matter of law in finding that Appellee is not in violation of HRR 99-02, Section 3, (C)(4) and the evidence supports the court's decision.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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