Westerville, OH asked in Constitutional Law, Gov & Administrative Law and Land Use & Zoning for Ohio

Q: How is this portion of the Ohio revised code not unconstitutional?

Ohio revised code 505.07 seems purpose written to allow Township Trustees and Developers to effectively negate the results of any zoning referendum and deny citizens voting rights. Consider the following scenario, Trustees have been ignoring recommendations from zoning board and residents to not rezone properties from rural residential to planned residential. Finally a referendum is held on the rezoning of a property and it passes. The developer sues and all that has to happen is their attorneys and the township attorney get together and work out a settlement which is basically the same plan with some minor changes. It’s is sent back to the exact same Trustees that rezoned the property in the first place. It was their decision to rezone that caused the referendum in the first place. This code effectively disenfranchised all the people that voted.

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Real Estate Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Local governments can mostly do what they want unless subjected to a legal challenge. Concerned residents can join together and use the Find a Lawyer tab to retain a local attorney who handles administrative law, land use, and zoning issues, to advise them about filing a lawsuit.

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