Three Wide Entertainment v. City of Athens Board of Zoning Appeals
954 N.E.2d 191
Ohio Ct. App.2011Background
- Three Wide Entertainment and Christopher Stotts sought zoning permits for an adult entertainment venue at 9, 11, and 13 Stimson Ave. in Athens, in a B-3 zoned area.
- Initial permit hearing (March 11, 2008) denied the request 5-0 by the Athens BZA.
- Three Wide filed RC 2506 administrative appeal after subsequent permit denials (May 13, 2008) for entertainment, nightclub, and theater uses.
- Common Pleas vacated the board’s decision, finding the BZA used the wrong legal standard.
- The Board appealed; the appellate court reviews RC 2506 decisions for errors of law, not de novo fact weighing.
- Code provisions governed whether proposed uses qualified as principal permitted uses or as same-general-character uses; the board’s improper focus was critical.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the common pleas court apply the correct legal standard under RC 2506? | Three Wide contends the court properly found misuse of standard | City argues the court's standard was misapplied or misinterpreted | Yes; the appellate court found the common pleas applied the correct standard and did not abuse discretion. |
| Whether the board correctly limited its review to principal permitted uses or same-general-character uses | Three Wide argues board failed to stay within those categories | City contends board exercised appropriate scope under Athens Code | Board exceeded authority by relying on improper factors beyond code-based review. |
| Whether the board relied on improper considerations (morality/area impact) in denying the permit | Three Wide asserts morality concerns were irrelevant to code-defined review | City asserts community impact is within board discretion | Yes; reliance on improper factors showed the board acted beyond its legal scope. |
Key Cases Cited
- Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142 (2000) (limits and standard of appellate review in RC 2506 appeals; de novo questions of law)
- Kisil v. Sandusky, 12 Ohio St.3d 30 (1984) (limits on appellate review; deference to administrative decisions)
- Fahl v. Athens, 2007-Ohio-4925 (2007) (appellate review of administrative decisions; standard of review under RC 2506)
- Lorain City School Dist. Bd. of Edn. v. State Emp. Relations Bd., 40 Ohio St.3d 257 (1988) (limits of reviewing agency decisions; emphasis on not substituting judgment)