Can Owner of Property Outside City Sue for Loss of Value Based on Rezoning of Adjacent Property?
Nonresidents Claim City's Action Was 'Partial Taking' of Their Property
Richard Clifton v. Village of Blanchester, Case no. 2010-1196
12th District Court of Appeals (Butler County)
NOTE: The two cases captioned above will be argued separately at the Court's Sept. 6. Oral argument session. They are summarized together here because both raise the same legal issue, and the parties in both cases advance very similar arguments.
ISSUE: When a city or other political subdivision grants an application for zoning or rezoning of property located within its geographic boundaries, do the owners of adjacent properties that are located outside of the political subdivision have legal standing to pursue a lawsuit against the subdivision based on a claim that the zoning has significantly reduced the value of their property, and therefore constitutes a partial regulatory "taking" of that property for which the owners are entitled to compensation?