Agenda - Planning Commission - 07/10/2003

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Z.B. June 10, 2003--Page 5 contained in the code was not ambiguous. The court also pointed to proof of topless and bottomless dancing as meeting the code definition. Kahoots appealed. DECISION: Reversed and remanded. The board and the lower court erred as a matter of law in determining that Kahoots was an adults-only entertainment establishment. The court looked at the code and decided that the "obscene or harmful to juveniles" phrase modified all that came before it, not just the preceding "simi- lar entertainment or services" phrase. The court noted no e¥idence was presented at the board hearing to estab- lish that the conduct at issue was obscene or harmful to juveniles. The only reasonable interpretation was to require topless or bottomless dancing to be obscene or harmful to juveniles in order to be categorized as "adults only entertainment." A dissenting judge opined that common sense should dictate that "obscene or harmful to juveniles" modified the broad category of "similar entertainment or services" and one did not have to also prove something was obscene or harmful to juveniles in the case of topless or bottomless dancingi It was too hard to imagine any form of topless or bottomless dancing that would not be considered adults-only entertainment. Citation: 4522 Kenny Road L.L.C., d/b/a Kahoots v. City of Columbus, Board of Zoning Adjustment, Court of Appeals of Ohio, 10th App. Dist., Franklin Co., No. 02A?-631 (2003). Ordinances -- Homeowner challenges new ordinances and comprehensive plan Neighbor's property rezoned frorn agricultural to industrial NEBRASKA (04/15/03) --The Keeches purchased land within the Village of Raymond and built their home there in 1996. In 1999, Raymond adopted a new zoning ordinance, 99-3, which amended the official zoning map of the village. As a .result, the property adjacent to the Keeches, owned by Jakoubek, was rezoned from ag~-icultural to industrial. On Oct. 12, 1999, the Keeches were granted a temporary injunction stopr ping Jakoubelc from performing any construction based on 99-3. In May 2000, the Keeches filed another petition alleging that in March 2000, the village adopted a new comprehensive plan, as well as revised zoning ordinances, and revised subdivision ordinances. They asked the court to de- cide whether 99-3 was valid and also asked for an order temporarily and per- manently restraining Jakoubek from engaging in any industrial building activi- ties. They also demanded that the village be stopped from allowing industrial 193