Appeals court sends garage lawsuit back

In a dissenting opinion, Judge O'Neill said Judge Stuard made the right ruling.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- The construction of a large garage at a Howland home two years ago has landed back in Trumbull County Common Pleas court for a third time.
The 11th District Court of Appeals ruled this week that a ruling by common pleas Judge John M. Stuard in October 2004, which was modified in June 2005, should be reversed and sent back again.
Douglas G. Dray built a garage at 753 Howland-Wilson Road during summer 2004 after obtaining a building permit. But toward the end of the construction, the township's zoning inspector issued a "stop work" order, saying the garage didn't meet zoning regulations for being too large and too tall.
The township later filed an injunction to force Dray to come into compliance with the zoning codes. Judge Stuard ruled in the township's favor, saying the 21-foot high, 1,365-square foot structure was too large. Judge Stuard said the zoning provisions called for garages of no more than 18 feet in height and 900 square feet in area.
Dray appealed the ruling the first time, and Judge Stuard made a slight adjustment. Dray appealed the ruling again.
Appeals
In the appeal, Dray argued that regulations governing the size of garages should be determined by the Ohio Basic Building Code instead of township zoning regulations. The reason, Dray argued, was because of a "seeming ambiguity in the terms height, grade-level and area, which are found in the zoning resolution but are not defined therein."
The appeals court agreed, adding that the zoning resolution also creates ambiguity by referring to the Ohio Basic Building Code, which is not applicable to structures such as garages.
Third, the ruling states the township says it has the authority to regulate the dimensions of buildings in accordance with a comprehensive plan. "However, the record contains no reference to the existence of a comprehensive plan."
Darlene St. George, township administrator, said she would not comment on the ruling because the case is ongoing. She did say that the township adopted a new comprehensive zoning code in 1999 with the help of the county planning commission.
In his dissenting opinion, Judge William M. O'Neill said, "There is no question that this structure violates the zoning plan for Howland Township. In short, this garage is the size of an average house.
"The trustees were right; and the trial court was legally, logically, and intellectually correct when it put a stop to this nonsense," Judge O'Neill wrote.
runyan@vindy.com