Shelly Materials, Inc. v. Streetsboro Planning & Zoning Commission

Summary

The Supreme Court of Ohio held that a court of appeals reviewing a common pleas court decision in an R.C. Chapter 2506 administrative appeal may not reweigh the evidence. The court reversed the Eleventh District Court of Appeals and remanded for consideration of other issues, including a challenge involving a conditional-use permit for surface mining.

Holdings

1. A court of appeals reviewing a court of common pleas judgment in an R.C. Chapter 2506 administrative appeal is limited to questions of law and may review for abuse of discretion, but it may not reweigh the evidence or second-guess the common pleas court's determination concerning the weight and credibility of evidence.
2. The six statutory grounds for reversal listed in R.C. 2506.04 are stated in the disjunctive, and the presence of any one of them independently justifies reversal of an administrative order by the court of common pleas.

Questions Presented

1. Whether the Eleventh District Court of Appeals exceeded its limited scope of review under R.C. 2506.04 by reweighing the evidence and second-guessing the common pleas court's assessment of the credibility and weight of Shelly's expert appraisal evidence.
2. Whether the presence of any one of the six grounds listed in R.C. 2506.04 independently permits the court of common pleas to reverse an administrative order.

Disposition

reversed_and_remanded