Laserfiche WebLink
April 25, 2016 I Volume 10 I Issue 8 Zoning Bulletin <br />See also: Powers v. Building Inspector of Barnstable, 363 Mass. 648, <br />296 N.E.2d 491 (1973). <br />See also: Jasper v. Michael A. Dolan, Inc., 355 Mass. 17, 242 N.E.2d <br />540 (1968). <br />Case Note: <br />In its decision, the court acknowledged that if the proposed sale of beer and wine <br />were to be separatedfrom the space where other groceries and sundries were sold, <br />and thus not integrated into the current operation of the store, then the "new use" <br />might be found not to reflect the nature and purpose of the preexisting use. But that <br />was not the case here. <br />Conditional Use Permit — <br />Commercial property owner seeks <br />conditional use permit for second- <br />hand store <br />Zoning board denies permit based on a desire <br />to limit retail stores in the area <br />Citation: Savon Ents. v. Boardman Twp. Trust, 2016-Ohio-735, 2016 <br />WL 769070 (Ohio Ct. App. 7th Dist. Mahoning County 2016) <br />OHIO (02/22/16)--This case addressed the issue of whether a zoning <br />board's decision to deny an application for a conditional use permit was <br />arbitrary and capricious. <br />The Background/Facts: Savon Enterprises, LLC ("Savon") owned <br />commercial property in Boardman Township (the "Township"). The prop- <br />erty was zoned commercial, which allowed for peiniitted uses such as <br />"stores" and "shops," including "apparel stores," "jewelry stores," "gift <br />and specialty shops," and "furniture stores," among others. <br />In February 2012, Savon requested a conditional use permit ("CUP") <br />from the Township's Zoning Board of Appeals ("ZBA") so that it could <br />open a store to sell second-hand or used merchandise at its property. Al- <br />though the property was zoned commercial, the Township zoning laws <br />required CUPs for second-hand stores. <br />At a public hearing on the CUP, Savon clarified that the proposed <br />second-hand store would sell small merchandise only, "similar to that found <br />in a gift shop, jewelry shop or apparel store; furniture and other similarly <br />sized items would not be sold on the premises." ZBA members who spoke <br />at the hearing indicated that "they did not want [Savon's property] to <br />become a mini strip plaza." <br />8 © 2016 Thomson Reuters <br />