A legal challenge to the township’s proposed regulations for landlords could end up before the Ohio Supreme Court.
Atty. Joshua R. Hiznay plans to file the necessary paperwork to appeal his client’s case to the state’s highest judicial body after the 7th District Court of Appeals upheld an earlier ruling in Mahoning County Common Pleas Court that sided with the township. Hiznay, representing his brother, William Hiznay, has 45 days from the March 29 ruling to appeal to the state Supreme Court, he said. William Hiznay owns a two-family residential rental unit in the township.
The decision to pursue another appeal is “just exhausting all of the avenues that are available to my client,” Hiznay said.
The township initiative in question is a landlord registration program that would require landlords who own property in the township to register with the zoning office and pay a fee. It also would establish exterior and interior standards for rental units to which both landlords and tenants must adhere.
In arguments before the 7th District Court of Appeals’ panel of judges – Gene Donofrio, Cheryl L. Waite and Mary DeGenaro – in January, Hiznay argued that the township’s proposed fee amounts to a tax, and that the township would be exceeding its authority by enforcing interior building standards.
The appellate court disagreed.
Read more about the case in Thursday's Vindicator or on Vindy.com.