C. Miller Chevrolet v. Willoughby Hills

O'NEILL, C.J. The court of appeals, in reversing the judgment of the court of common pleas, stated two reasons for its judgment. First, it held that appellant was an improper party to seek the variance, and, therefore, an improper party to appeal the denial thereof to the Board of Zoning and Building Appeals, and from there to the courts. Second, the court of appeals held that appellant failed to present evidence sufficient to overcome the presumption of validity that attached to the existing zoning. These reasons given by the court of appeals frame the issues presented to this court.