The Ohio Supreme Court has ruled that a zoning dispute over a closed Hinckley Township tavern was taken to appeals boards and the courts too soon.
The former Adult Day Care Center on West 130th Street shut down in 2019 after losing its liquor license. In 2022, the property owners asked the township zoning inspector whether the bar could reopen under its previous “nonconforming use” status.
The inspector responded by email, explaining that because the tavern had been closed for more than two years, it likely no longer qualified under township zoning rules. The owners attempted to appeal that response to the Board of Zoning Appeals.
But the Supreme Court ruled there was never an official decision to appeal in the first place.
Writing for the Court, Justice Patrick Fischer said the owners had only asked a question, and the zoning inspector never took formal action, such as denying a permit or issuing a zoning order. Without a formal decision, the Board of Zoning Appeals had no authority to step in.
The ruling leaves open the possibility that the owners could pursue a formal zoning request if they want to continue efforts to reopen the tavern.
