Kearns v. Monroe Township Board of Zoning Appeals, 962 N.E.2d 808

In 2005 Kearns completed a bed and breakfast at his single-family home in Monroe Township, Pickaway County.
In 2007 the Monroe Township Zoning Board granted Kearns a conditional-use permit for the bed and breakfast after neighbors reportedly objected.
In 2009 a neighbor complained that the bed and breakfast violated the use permit, prompting a board review and a January 2010 revocation hearing.
Notice to Kearns was sent by certified mail, published, and the secretary claimed he left a message but Kearns did not respond or attend.
The board revoked the conditional-use permit unanimously after finding noncompliance with the permit.
Kearns appealed; the trial court found untimely notice but did not address jurisdiction, and the issue was raised on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to revoke under statute	Kearns argued the board lacked authority to revoke under R.C. 519.14(D).	The board contends R.C. 519.14 authorizes revocation of conditional uses and that the township rules support revocation.	Board lacked statutory authority to revoke the permit.
Effect of board's own rules	Kearns contends rules cannot create new substantive powers.	Board argued its rules authorize revocation of permits.	Board could not rely on its own rules to grant revocation; ultra vires.

Kisil v. Sandusky, 12 Ohio St.3d 30 (Ohio 1984) (statutory limits on zoning board authority; de novo review)
Hubbell v. Xenia, 115 Ohio St.3d 77 (Ohio 2007) (unambiguous statutes applied as written)
Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142 (Ohio 2000) (scope of appellate review in zoning decisions)
Yorkavitz v. Columbia Twp. Bd. of Trustees, 166 Ohio St. 349 (1957) (township zoning power limited to statutory authority)
Meerland Dairy, L.L.C. v. Ross Twp., 2008-Ohio-2243 (Ohio App. 2008) (ultra vires limits on board rulemaking; enforcement alternatives)