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Hasselbach v. City of Fremont

Court of Appeals of Ohio
Oct 23, 2020
2021 Ohio 2503 (Ohio Ct. App. 2020)

Opinion

C. A. S-20-017

10-23-2020

DENNIS HASSELBACH, et al. Appellants v. CITY OF FREMONT, et al. Appellees

JOHN A. COBLE, JOSEPH F. ALBRECHTA, and JORDAN A. TREECE, Attorneys at Law, for Appellants. JAMES F. MELLE, Law Director, for Appellee. ANDREW R. MAYLE, Attorney at Law, for Appellee.


APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SANDUSKY, OHIO CASE No. 19CV1089

JOHN A. COBLE, JOSEPH F. ALBRECHTA, and JORDAN A. TREECE, Attorneys at Law, for Appellants.

JAMES F. MELLE, Law Director, for Appellee.

ANDREW R. MAYLE, Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

LYNNE S. CALLAHAN JUDGE.

{¶1} Appellants, Dennis Hasselbach, Joseph Ridley, and Jack Moore, appeal an order of the Sandusky County Court of Common Pleas that granted judgment on the pleadings and dismissed their action for declaratory judgment. This matter is placed on the accelerated calendar upon request of the Appellants.

{¶2} The Appellants' assignment of error is overruled because the trial court did not err by concluding that R.C. 713.12 controlled the adoption of the zoning amendment at issue. A noncharter municipality cannot adopt a zoning ordinance that is directly in conflict with R.C. 713.12. See Rispo Realty & Dev. Co. v. Parma, 55 Ohio St.3d 101 (1990), syllabus. Section 1161.05 of the Codified Ordinances of Fremont, Ohio, 1992, conflicts with R.C. 713.12.

{¶3} The judgment of the Sandusky County Court of Common Pleas is affirmed.

Judgment affirmed.

There were reasonable grounds for this appeal.

We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Sandusky, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.

Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.

Costs taxed to Appellants.

CARR, J. TEODOSIO, J. CONCUR.

(Callahan, P. J., Carr, J., and Teodosio, J., of the Ninth District Court of Appeals, sitting by assignment.)


Summaries of

Hasselbach v. City of Fremont

Court of Appeals of Ohio
Oct 23, 2020
2021 Ohio 2503 (Ohio Ct. App. 2020)
Case details for

Hasselbach v. City of Fremont

Case Details

Full title:DENNIS HASSELBACH, et al. Appellants v. CITY OF FREMONT, et al. Appellees

Court:Court of Appeals of Ohio

Date published: Oct 23, 2020

Citations

2021 Ohio 2503 (Ohio Ct. App. 2020)