B.J. Alan Co. v. Congress Township Board of Zoning Appeals

Summary

The Ohio Supreme Court held that a countywide comprehensive plan may satisfy the comprehensive-plan requirement of Ohio Revised Code 519.02 for township zoning regulations. The court concluded that the Wayne County Comprehensive Plan qualified as a comprehensive plan encompassing Congress Township, but did not decide whether the township zoning ordinance was actually in accordance with that plan. The court reversed and remanded the case to the court of appeals.

Holdings

1. R.C. 519.02 does not require a township to create its own comprehensive plan; it requires only that the township's zoning resolution be in accordance with a comprehensive plan.
2. A countywide comprehensive plan that sets forth county land-use goals and recommendations can constitute a comprehensive plan for purposes of R.C. 519.02.
3. The Wayne County Comprehensive Plan is a comprehensive plan for purposes of R.C. 519.02 and encompasses Congress Township.

Questions Presented

1. Whether R.C. 519.02 requires a township to develop its own comprehensive plan before adopting zoning regulations for unincorporated territory.
2. Whether a countywide comprehensive plan can satisfy the comprehensive-plan requirement of R.C. 519.02.
3. Whether the Wayne County Comprehensive Plan qualifies as a comprehensive plan encompassing Congress Township for purposes of R.C. 519.02.

Disposition

reversed_and_remanded