Paquin v. Indian Hill
2024 Ohio 6078
| Ohio Ct. App. | 2024Background
- The Peterloon Foundation operates a historic estate in Indian Hill, Ohio, using it for outdoor events and weddings pursuant to a 1980 zoning authorization.
- In 2020–21, neighbors (including the Paquins) complained about noise and the frequency of events, leading to public hearings and eventual city council action.
- The Indian Hill City Council adopted two resolutions: a "noise resolution" imposing guidelines for amplified music at Peterloon, and a "tent resolution" approving a seasonal tent for events.
- The Paquins appealed both resolutions, arguing improper interpretation of the 1980 zoning approval, which they said did not permit commercial or general public use like wedding rentals.
- The trial court agreed with the Paquins, invalidating both resolutions; Peterloon appealed to the First District Court of Appeals.
- The Court of Appeals addressed issues of jurisdiction, mootness, and proper interpretation of the zoning authorization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court has subject-matter jurisdiction over the noise resolution (R.C. Ch. 2506) | Resolution is administrative, subject to review | Resolution is legislative, not appealable | Court lacked jurisdiction; noise resolution not reviewable under R.C. Ch. 2506 |
| Whether expired tent resolution is moot | Issue is moot as the permit has expired | Issue is capable of repetition, evades review | Not moot—capable of repetition and evading review |
| Scope of 1980 zoning approval ("sponsored by groups"/"non-commercial nature") | Only non-commercial, group-sponsored meetings permitted; excludes weddings and rentals | Nonprofit events, including weddings, are allowed; term "sponsored by groups" broadly includes weddings | Zoning approval includes weddings and events run by or for groups, if nonprofit |
| Whether trial court erred in invalidating tent resolution | Trial court correctly restricted uses per original approval | Trial court misinterpreted 1980 approval | Trial court erred; tent resolution valid; case remanded for unresolved arguments |
Key Cases Cited
- M.J. Kelley Co. v. City of Cleveland, 32 Ohio St.2d 150 (legislative vs. administrative actions and R.C. Ch. 2506 appeals)
- Donnelly v. Fairview Park, 13 Ohio St.2d 1 (distinction between legislative and administrative government action)
- Fortner v. Thomas, 22 Ohio St.2d 13 (quasi-judicial proceedings required for administrative appeals)
- Rossford Exempted Village School Dist. v. State Bd. of Edn., 45 Ohio St.3d 356 (review of quasi-judicial administrative decisions)