practical difficulties test (Ohio) · Go Syfert
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practical difficulties test in Ohio

12 Ohio opinions name it 1 courts 1996–2026 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Duncan v. Village of Middlefieldgreen
ohio · 1986 · cited in 7 Ohio opinions naming this issue, 1996–2026
2 sentences

2026The majority holds, correctly, that an area variance is governed by the practical-difficulties standard, a lesser showing than the unnecessary hardship required for a use variance, Kisil, 12 Ohio St.3d at syllabus, and that the trial court reversibly erred by measuring the area variance against “hardship” rather than against the practical-difficulties factors of Duncan, 23 Ohio St.3d at 83, 86 .

2026The majority holds, correctly, that an area variance is governed by the practical-difficulties standard, a lesser showing than the unnecessary hardship required for a use variance, Kisil, 12 Ohio St.3d at syllabus, and that the trial court reversibly erred by measuring the area variance against “hardship” rather than against the practical-difficulties factors of Duncan, 23 Ohio St.3d at 83, 86 .

17
Dsuban v. Union Township Board of Zoning Appealsgreen
ohioctapp · 2000 · cited in 2 Ohio opinions naming this issue, 2002–2024
2 sentences

2024Bd. of Zoning Appeals, 140 Ohio App.3d 602, 607-608 , 748 N.E.2d 597 (12th Dist.2000) (recognizing split in appellate districts as to whether practical difficulties test applies to townships and holding it inapplicable).

2024Bd. of Zoning Appeals, 140 Ohio App.3d 602, 607-608 , 748 N.E.2d 597 (12th Dist.2000) (recognizing split in appellate districts as to whether practical difficulties test applies to townships and holding it inapplicable).

12
ProTerra, Inc. v. Cleveland Bd. of Zoning Appealsgreen
ohioctapp · 2020 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026See also ProTerra, Inc., 2020-Ohio-6739, at ¶ 24 (8th Dist.).

2026See also ProTerra, Inc., 2020-Ohio-6739, at ¶ 24 (8th Dist.).

11
Zangara v. Chester Twp. Trusteesgreen
ohioctapp · 1991 · cited in 1 Ohio opinions naming this issue, 2000–2000
1 sentence

2000See id.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Henley v. City of Youngstown Board of Zoning Appeals green
ohio · 2000
2 sentences

2026Henley, 90 Ohio St.3d at 147 ; Kisil, 12 Ohio St.3d at 34 .

2011No. 23465, 2007-Ohio-2887 , 2007 WL 1695118 , at ¶ 9, quoting Henley v. Youngstown Bd. of Zoning Appeals (2000), 90 Ohio St.3d 142, 147 , 735 N.E.2d 433 .

22011–2026
Duncan v. Village of Middlefield green
scotus · 1986
2 sentences

2011When seeking an area variance, it must be determined whether a property has encountered practical difficulties in the use of the property. {¶ 26} In Duncan v. Middlefield (1986), 23 Ohio St.3d 83 , 491 N.E.2d 692 , certiorari denied (1986), 479 U.S. 986 , 107 S.Ct. 576 , 93 L.Ed.2d 579 , the Ohio Supreme Court explained the practical difficulties test as follows: “[A] property owner encounters ‘practical difficulties’ whenever an area zoning requirement (e.g., frontage, setback, height) unreasonably deprives him of a permitted use of his property.

2011When seeking an area variance, it must be determined whether a property has encountered practical difficulties in the use of the property. {¶ 26} In Duncan v. Middlefield (1986), 23 Ohio St.3d 83 , 491 N.E.2d 692 , certiorari denied (1986), 479 U.S. 986 , 107 S.Ct. 576 , 93 L.Ed.2d 579 , the Ohio Supreme Court explained the practical difficulties test as follows: “[A] property owner encounters ‘practical difficulties’ whenever an area zoning requirement (e.g., frontage, setback, height) unreasonably deprives him of a permitted use of his property.

22011–2011
Kisil v. City of Sandusky green
ohio · 1984
1 sentence

2026Henley, 90 Ohio St.3d at 147 ; Kisil, 12 Ohio St.3d at 34 .

12026–2026
County of Summit v. Stoll, 23465 (6-13-2007) green
ohioctapp · 2007
1 sentence

2011No. 23465, 2007-Ohio-2887 , 2007 WL 1695118 , at ¶ 9, quoting Henley v. Youngstown Bd. of Zoning Appeals (2000), 90 Ohio St.3d 142, 147 , 735 N.E.2d 433 .

12011–2011
Trent v. German Township Board of Zoning Appeals neutral
ohioctapp · 2001
2 sentences

2002Common sense requires that the Court take cognizance of a few factors: zoning regulations are about long-range planning, and cannot be upset merely because of short term, or individualized, inconvenience; zoning regulations are proposed, debated, and enacted by residents of the community directly affected, and a court sitting at distance should not second-guess the legislative wisdom of the drafters merely because not all parties are happy with [the] result * * ” 144 Ohio App.3d at 18 , 759 N.E.2d 421 (quoting from trial court opinion). {¶ 60} As a further point, we must note that the Stickelm

2002Common sense requires that the Court take cognizance of a few factors: zoning regulations are about long-range planning, and cannot be upset merely because of short term, or individualized, inconvenience; zoning regulations are proposed, debated, and enacted by residents of the community directly affected, and a court sitting at distance should not second-guess the legislative wisdom of the drafters merely because not all parties are happy with [the] result * * ” 144 Ohio App.3d at 18 , 759 N.E.2d 421 (quoting from trial court opinion). {¶ 60} As a further point, we must note that the Stickelm

12002–2002

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2506.04 (6) OH § Ohio Rev. Code § 2506.03 (3) OH § Ohio Rev. Code § 519.14 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 12 (1996–2026) MN 3 (2000–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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