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How do I file an appeal under Ohio Revised code section

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How do I file...

How do I file an appeal under Ohio Revised code section 2506.1 as descrobed om Chapters 2505 and 2506

Lawyer's Assistant: Has anything been filed or reported?

Not yet, due today for 30 day requirement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Akron city council denied a conditional use of our sign

Submitted: 7 months ago.Category: Legal
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1/2/2018
Lawyer: KLAW, Lawyer replied 7 months ago
KLAW
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Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

A little background. The Board of Zoning Appeals The BZA (or ZBA) acts as the judicial branch of your Township’s government. It is an administrative body. Its function is to hear and decide appeals regarding variances and granting conditional uses. If they denied your use of the sign, then you must file an appeal.

Court’s give a great deal of Scrutiny as to whether the denial of the variance for a sign was valid and legal.

Open Meetings Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer of the township affected by any decision of the administrative officer. – Within 20 days after the decision – Must be filed with the zoning officer and with the BZA – The Notice of Appeals must specify the grounds for the appeal R.C. § 519.15.

You must appeal the decision of the BZA to the Court of Common Pleas, under Ohio Revised Code Section 2506. When appealing the decision of a BZA it is required to file that appeal within 30 days of the final decision of the Board. (ORC 2505.07).

You must first do what is called Perfecting the Appeal An appeal is perfected when a written notice of appeal is filed, such as your case, an administrative-related under R.C. § 2505.04.

You must next file a Transcript R.C. § 2506.06/ 2506.02 States that when an appeal is filed and a praecipe is filed by the appeallant – the Board shall prepare a transcript of the proceedings and file it with the court. This is typically completed within 40 days of the appeal file date. The costs of the transcript shall be part of the costs of the appeal. The Transcript will include – The minutes – A list of all exhibits and evidence presented by the appellant – Any recordings/transcripts – Record of Proceedings This includes a written statement of the evidence relied upon/discounted; position of the board members; decision – All of the records in the file

After the filing there is a hearing under § 2506.03, which is like a trial of a civil action, but the court shall be confined to the issues contained in the transcript filed under section 2506.02, unless it appears, on the face of that transcript or by affidavit filed by the appellant, that one of the following applies: (1) The transcript does not contain a report of all evidence admitted or proffered by the appellant. (2) The appellant was not permitted to appear and be heard in person, or by the appellant's attorney, in opposition to the final order, adjudication, or decision , and to do any of the following: (a) Present the appellant's position, arguments, and contentions; v (b) Offer and examine witnesses and present evidence in support; (c) Cross-examine witnesses purporting to refute the appellant's position, arguments, and contentions; (d) Offer evidence to refute evidence and testimony offered in opposition to the appellant's position, arguments, and contentions; (e) Proffer any such evidence into the record, if the admission of it is denied by the officer or body appealed from. (3) The testimony adduced was not given under oath. (4) The appellant was unable to present evidence by reason of a lack of the power of subpoena by the officer or body appealed from, or the refusal, after request, of that officer or body to afford the appellant opportunity to use the power of subpoena when possessed by the officer or body. (5) The officer or body failed to file with the transcript conclusions of fact supporting the final order, adjudication, or decision .

If the town does not present the transcript then the court shall hear the appeal upon the transcript and additional evidence as may be introduced by any party. At the hearing, any party may call, as if on cross-examination, any witness who previously gave testimony in opposition to that party. - R.C. § 2506.03

After the hearing, the Court’s issues a decision Consistent with its findings, the court may affirm, reverse, vacate, or modify the order, adjudication, or decision, or remand the cause back to the BZA with instructions to enter an order, adjudication, or decision consistent with the findings or opinion of the court.

Since it is due today you should go down to the court and file the written notice of appeal, to perfect the Appeal. An appeal is perfected when a written notice of appeal is filed, such as your case, an administrative-related under R.C. § 2505.04. You must also serve the filed written notice upon the town.

Appeals are very tricky and the forms are not available online and most if not all people hire an attorney to

File the appeal. Since you have a time issue, due today, you should consider hiring an attorney to file the notice timely, because if it is not filed correctly or within then30 days they will deny your appeal.

I hope this clarifies.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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