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August 25, 2016 ( Volume 10 1 Issue 16 Zoning Bulletin <br /> Notice—Zoning Application <br /> Fails to Include Required <br /> Information <br /> Opponent of application says application <br /> should be denied based on that defect <br /> ! <br /> Citation: Highland Farm Ltd. v. Jackson Twp. Bd. of Zoning <br /> Appeals, 2016-Ohio-4624, 2016 WL 3521875 (Ohio Ct. App. 5th <br /> Dist. Stark County 2016) <br /> OHIO (06/20/16)—This case addressed the issues of whether: <br /> (1) a township board of zoning appeals had subject matter juris- <br /> diction to consider a telecommunications company's application <br /> for a conditional use permit to construct a wireless telecom- <br /> munications tower,even though the company failed to identify the <br /> property owner in its application or include the property owner's <br /> written approval of the application; and (2) a township board of <br /> zoning appeals' notice of public hearing on a telecommunications <br /> company's application for conditional use permit to construct a <br /> wireless telecommunications tower was defective, where it failed <br /> to identify the owner of the property upon which the tower was to <br /> be built. <br /> The Background/Facts: In February 2014,Faulk&Foster Real <br /> Estate, Inc. ("Faulk"), as agent of Verizon Wireless, submitted an <br /> application fora Conditional Use Permit ("CUP") to the Jackson <br /> Township Board of Zoning Appeals (the "Board"). Faulk also <br /> submitted an application for a variance as to the size of the <br /> proposed accessory building.The applications listed the"Property/ <br /> Tower Owner" as Verizon Wireless. The property on which the <br /> proposed tower would sit was owned by Brendel Corporation. The <br /> applications did not list the name, address, and phone number of <br /> Brendel Corporation as the property owner. <br /> The Board published a notice for the hearing on the application. <br /> Thereafter, it published a revised notice for a new hearing date <br /> subsequent to the first hearing date. The notices did not list the <br /> name of the property owner. <br /> Kenneth B. Manda ("Manda") opposed the construction of the <br /> wireless telecommunications tower. He attended the hearing and <br /> voiced his objections on the record. <br /> 6 ©2016 Thomson Reuters <br />