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88 <br /> <br />Page 2 -- May 25, 2004 <br /> <br />Z.B. <br /> <br /> Taking -- Village denies tenancy permits <br />Property owner 'claims loss of revenue is a taking <br /> Citation: Accent Ctvup Jnc. v. Village of North Randall, Court of Appeals of <br /> Ohio, 8th. App. Dist., C~tyahoga Count,, No. 83274 (2004) <br /> <br />OHIO (03/25/04) -- In 1996, Accent Group Inc. purchased property in the <br />Village of North Randall and operated a car electronics and customization <br />business. <br /> Accent Group allegedly spent over $760,000 in improvements to convert <br />its building into a showroom and auto accessory installation area. <br /> In 1999, Accent ceased operations and began attempts to .lease the build- <br />Lng. Accent found three potential tenants. However, the village denied occu- <br />pancy permits to all three. <br /> Accent sued, and the court ruled in the village's favor. Accent appealed, <br />arguing the permit denials constituted a taking. <br />DECISION: Affirmed. <br /> No compensable taking occurred. <br /> Ohio law consistently held a taking occurred only if an ordinance infringed <br />on a landowner's rights to the point there was no economically viable use of <br />the land. The requirement of a landowner to have a permit to utilize its land in <br />a certain way did not constitute a taking. <br />see also: Haberty v. IVationwide Mutual Fire insurance Company, 755 N.~.2d <br />455 (2001). <br />see also: Goldberg Companies [nc. v. Richmond Heights City Council, 690 <br />N.E. 2d 510 (1998). <br /> <br />Special Exception ~ Landowner wants to build huge barn <br />WouM include commercial uses and negatively affect neighbor's land <br />Citation: Alle~ v. City of Mesqz~ite, Court of Appeals of Texas, 6th Dist., <br />Texarkana, No. 06-03-OOJ 37-CV (2004) <br /> <br />TEXAS (03/30/04) ~ Alien owned agriculturally zoned property. He wanted <br />to build a barn on it that would enclose 6,400 square feet, 5,400 square feet <br />larger than allowed by city ordinance. <br /> Allen wanted to use the barn as a storage building for tractors, hoes, rakes, <br />and other equipment. He also planned to use the barn to store equipment for <br />his commercial plumbing business, which he operated from his home. <br /> Alien applied for a special exception. However, Allen's proposal was re- <br />jected by the city board of adjustment. <br /> Allen sued. and the court ruled in favor of the board. <br /> Alien appealed, z~.rguing the board'~ decision was arbitrary and capricious. <br />DECXSi©N: A122rmed. <br /> The b,)ard'.s decisi(m was correct. <br /> <br />2004 ~.~umian ,~b~isf~mg ,3¥ou0. Any reproductioa is 9ronibited. ;=or more imormmion ¢lease call (617) 542-0048. <br /> <br /> <br />