{¶ 28} Finally, Ebner cites State ex rel. Osting v. City of Sidney, 3d Dist. Shelby No. 17-2000-21, 2001 WL 272521 (Mar. 20, 2001). In Osting, the city of Sidney
A statute or ordinance is ambiguous if it contains language which is susceptible subject to various interpretations. State ex rel. Osting v. Sidney, 3d Dist. Shelby No. 17-2000-21, 2001 WL 272521, *4 (Mar. 20, 2001); State ex rel. Harson Invests., Ltd. v. Troy, Ohio, 2d Dist. Miami No. 2017-CA-22, 2018-Ohio-2748, ¶ 54.
istrate adopted Plaintiffs' interpretation of the case law cited in support of their conclusion that the Amendment was void ab initio. The case law, however, is either distinguishable or simply does not stand for that proposition: Merriman Constr. Co. v. Bd. of Commrs. of Geauga Cty., 11th Dist. Geauga No. 835, 1980 WL 352163, *5 (May 19, 1980) (upholding the trial court's determination that the zoning amendments were "invalid as a matter of law" because they were not "enacted in accordance with a comprehensive plan for the purpose of promoting the public health, safety and morals"); Smith v. Rich, 2d Dist. Montgomery No. CA 6137, 1979 WL 208436, *10 (Sept. 10, 1979) (giving notice of a hearing on a zoning proposal is not "jurisdictional as to subject matter," therefore, waiting eight years after the alleged improper notice to file a complaint resulted in waiver of the argument that the notice requirements were not "literally" followed); State ex rel. Osting v. Sidney, 3d Dist. Shelby No. 17-2000-21, 2001 WL 272521, *5 (Mar. 20, 2001) (holding the actions taken to adopt an emergency ordinance that instantly rezoned two lots, which was immediately challenged by a group of taxpayers, were procedurally improper and thus "invalid"); Whitney v. Parrish, 5th Dist. Delaware Nos. 88-CA-6 & 88-CA-7, 1988 WL 83508 (Aug. 4, 1988) (upholding the trial court's determination that the zoning resolution was void ab initio, but the timeliness of the challenge was not at issue); Maurer v. Center Twp., 6th Dist. Wood No. WD-01-069, 2002-Ohio-4475, ¶15 (holding there were no properly submitted facts or controlling precedent to support the trial court's conclusion that the zoning resolution was void ab initio); Seyler v. Clark, Hamilton C.P. No. A-180029, 175 N.E.2d 881 (June 7, 1961) (where the trial court granted a permanent injunction enjoining the board of commissioners from enforcing a resolution because the published notice of the hearing was "insufficient, defective and not in accordance with law"). Based upon the facts and law