This post was authored by Michele Abatangelo, Jacob D. Fuchsberg Touro Law Center
West Jefferson Properties, LLC (WJP) proposed a plan to build “a 24-building residential site consisting of 286 total units with an additional commercial site consisting of a one-story, multi-tenant building with approximately 16,000 square feet of retail space. ” Subsequently, after discussing the proposed plan at three meetings, the Village Council declined WJP’s plan.
WJP then appealed the Village Council’s decision to the common pleas court, which agreed with the Village Council’s determination. The court of common pleas affirmed the Village Council’s decision based on the “transcript and the certified record of proceedings” of the meetings. Based on this evidence, the lower court found that WJP was given time to speak, and address questions and concerns, and there was “a preponderance of reliable, probative, and substantial evidence in the record” that supported the Village’s determination.
In its appeal, WJP argued that the lower court made three errors. WJP argued that the common pleas court did not give it an opportunity to be heard and present any arguments before it overruled the administrative appeal, violating (1) its due process rights and (2) RC 2506.03(A), which states that “an administrative appeal ‘shall proceed as in the trial of a civil action’” The Court of Appeals found that WJP’s argument was without merit because the common pleas court weighed the evidence that the parties submitted, and even if this evidence did not represent all the evidence brought forth to the Village Council, WJP never notified the court of this deficiency , despite having months to do so. In addition, WJP had numerous opportunities to raise its position, and respond to the Village Council, and these opportunities were plainly exhibited in the record reviewed by the lower court.
WJP also argued that the lower court did not allow it to supplement the record before the court issued a decision, however, WJP did not move to supplement the record until after the court made its determination. Therefore, the Court of Appeals of Ohio affirmed the lower court’s decision to reject WJP’s application to construct a residential and commercial development in the village.
W. Jefferson Properties, Inc. v. villa. Council of the Vill, of W. Jefferson, Ohio, 2022 WL 4295386 (Ohio App. 9/19/2002).