Municipality of Madison. Dollar General likely to move forward following Federal Court of Appeals ruling




“The actions of Alan Daniel and the Zoning Board for allowing Daniel to vote in favor of deviations despite his conflict of interest are offensive. The citizens of Butler County, including the plaintiffs, deserve better from their government officials. »

She noted in her view that the plaintiffs were not at the February meeting when the objection vote was taken, despite being notified. They also failed to file a timely appeal with the Butler County Court of Common Pleas.

The 6th Circuit Court of Appeals sided with Dlott, ruling that the courts cannot overrule a BZA decision and “the corrupt manner in which the decision was made does not change that analysis”.

“A more fundamental problem with residents asserting a property interest in the outcome of the zoning variance decision is that variance decisions are discretionary. The Ohio Supreme Court explained that zoning boards adjudicate waiver applications “with a broad discretion in which the courts will not interfere unless that discretion is abused,” the panel wrote.

“Determining whether practical difficulties warrant a waiver for a property is a factual matter for the zoning board. Because “the law is clear that a party cannot have a proprietary interest in a discretionary benefit,” residents have no protected proprietary interest in this case.”

Technically, the case isn’t over because only the injunction has been appealed, but like Dlott, the three-judge appeal committee wrote “because residents have no d interest in land, they are unlikely to succeed on the merits”.

The neighbors’ attorney, Matt Miller-Novak, told the Journal-News that they haven’t decided what their next step will be.

“We are disappointed with the decision as you can imagine. While we must acknowledge and accept the judgment of the court, we still maintain that Mr. Allen’s actions were unlawful and disturbing,” he wrote. “He harmed some of his constituents with his personal dealings, and he has no business in government in our view.”

Butler County Sheriff Richard Jones mentioned Daniel this week when discussing corruption in Butler County and said they are awaiting a response from the Ohio Ethics Commission on the matter. , but “we are considering a criminal investigation” into several cases involving the township.

Trustees Brian McGuire and Jeff Willoughby said they didn’t want to discuss the issue because the township has no control over zoning matters.

Butler County District Attorney Mike Gmoser was pleased the appeals court upheld Dlott’s ruling.

“This case has undergone extensive and thoughtful deliberation and review by the second highest court in the land, the Court of Appeals, and upheld Judge Dlott’s equally deliberative decision,” Gmoser said. “All of which I appreciate and that wraps up this deal.”

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