Agenda - Planning Commission - 06/02/2005

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May 10, 2005 --Page 5 DECISION: Reversed. Murphy could not sue until he obtained a final, definitive position from local authorities as to how he could use his property. Murphy had to appeal the cease and desist order to the zoning board of appeals and request a variance. The zoning board of appeals possessed the authority to review the order to determine whether the zoning regulations were properly applied. The court reasoned a zoning board of appeals was in the best position to interpret its own regulations and apply them to the situations before it. A vari- ance was more than a mere remedial measure. Since the zoning board of appeats was the body that considered whether to grant a variance, such a board was typically the venue from which a final definitive decision would come. Since Murphy failed to file a single variance request, the court did not have the authority to hear his case. . :,'ee also: Santini v. Connecticut Hazardous Waste Management Services, 342. ,~i3d 118 (2003). see also: Dougherty v. Town of North Hempstead Board of Zoning Appeals, 282 F. 3d 83 (2002). Filing -- Village clerk's office rarely open Citizen petition denied as being filed past deadline Citation: Truman v. Village of Clay Center, Court of Appeals of Ohio, 6th App. Dixt., Ottawa County, No. 0T~04-023 (2005) OHiO (03/25/05) -- White Rock Inc. wanted to mn a quarry on its residential- property within the village of Clay Center. Neighboring property owners were opposed to the plan. In response to the opposition, the village council passed an emergency ,~rdinance to allow White Rock to begin quarrying operations. No pubhc notice was given of the council's intent to pass this particular ordinance. Truman, a landowner opposing the'ordinance, prepared a referendum chal- lenge. Under state taw, a referendum petition had to be £fled with the city auditor or county clerk within 30 days of the contested ordinance's passage: On the 29th day, Truman went to the Clay Center office to file the petition with the village clerk. While the president of Clay Center's Council was there, the village clerk was not. The president did not offer to file the petition, or help Truman in any way. Truman returned several more times, but the village clerk was never there. On July 9, the 30th day to file the petition, Truman returned to the Clay Center office, and the office was locked. She retuimed throughout the day, but the office never appeared to be open. Atthe end of the day, she went to the post office and i~ad the petition certified and placed in the village clerk's post office box. -- When the village clerk received his mail from the post office box the next day, he declared the petition was filed past the deadline. Truman sued, and the court ruled in the village's favor. 2005 Quinlan PuOlishing Group. Any reproduction is prohibited, For more information please call (617) 542-0048. 125