Greenacres Found. v. Zoning Bd. of Bldg. Appeals
2012 Ohio 4784
Ohio Ct. App.2012Background
- Greenacres Foundation owns a 22-acre site in Cincinnati’s Westwood; Gamble House on the property is a historic structure.
- Greenacres sought a demolition permit for the Gamble House on February 18, 2010; the property was zoned SF-10 at the time.
- City conservator Harris opined the Gamble House had historic significance; demolition could proceed only with a Certificate of Appropriateness under Cincinnati Municipal Code 1435-01-C.
- Harris’s view led to permit denial; Greenacres appealed to the Board of Building Appeals (BBA) and then to the Zoning Board of Appeals (ZBA).
- Common Pleas magistrate remanded the matter to the city for further proceedings; the trial court adopted the magistrate’s decision, and Greenacres appealed.
- The core issue is whether former Cincinnati Municipal Code Chapter 1435 required a legislative designation by City Council as a Historic Landmark or within a Historic District before a Certificate of Appropriateness was required, under the law in effect in 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether council designation was required for a COA before demolition. | Greenacres: designation not in effect meant COA not required. | City: urban conservator could deem historic significance and trigger COA. | Yes; council designation was required before COA could apply. |
| Whether 2004 amendments removed the designation requirement and granted conservator authority. | There are conflicting provisions; designation still required. | Amendments removed designation; conservator authority stands. | Designation by council was still required; COA did not apply absent designation. |
Key Cases Cited
- Gibson v. Oberlin, 171 Ohio St. 1 (1960) (permit decision based on regulations in effect at filing)
- Saunders v. Clark Cty. Zoning Dept., 66 Ohio St.2d 259 (1981) (zoning regulations strict construction in landowner’s favor)
- Ware v. Cincinnati Zoning Bd. of Appeals, 164 Ohio App.3d 772 (2005) (interpretation and review of zoning decisions)
- In re Univ. Circle, Inc., 56 Ohio St.2d 180 (1978) (interpretation of ordinances and entire ordinance reading)
- Bud Co. v. Mercer, 14 Ohio App.3d 269 (1984) (due deference to administrative decisions; legal review)