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,, COURT OF COMMON PLEAS
eyig aig 12 FAu24 BUTLER COUNTY, OHIO
Case No. 20) 24
Judge: Dye ie
Chenbae o
HUTSENPILLER CONTRACTORS, INC.
c/o Bob Hutsenpiller:+ =
Lakota East Commerce Centre
7904 Liberty One Drive
Liberty Twp., OH 45044
And
LIBERTY FIREHOUSE STORAGE, LLC
clo Bob Hutsenpiller
Lakota East Commerce Centre
7904 Liberty One Drive
Liberty Twp., OH 45044
Plaintiffs-Appellants
vs,
ETHAN KLUSSMAN, FIRE CHIEF
LIBERTY TOWNSHIP FIRE DEPARTMENT
6682 Princeton-Glendale Road
Liberty Twp., OH 45011
And
LIBERTY TOWNSHIP BOARD OF TRUSTEES
1014 Brewster Lane
Powell, OH 43065
And
BOARD OF BUILDING APPEALS,
STATE OF OHIO
6606 Tussing Road
Reynoldsburg, OH 43068
Defendants-Appellees
7)
a Fe ae
(Administrative Appeal)
Come now the Appellants, Hutsenpiller Contractors, Inc. and Liberty Firehouse
Storage, LLC, by and through undersigned counsel, and hereby give notice of their appeal
656702to the Common Pleas Court of Butler County, Ohio, pursuant to ORC Section 119.12 and
rn]
ORC Section 3737.43, of the July 17, 2019 decision and order of the Board of Buffging oa
Ce
Ths
a ge
Order upheld the Citation and Order #19-0001, Notice of Proposed Penalty 26 i@eued.by -
O Ss
% Oo
Appellee Liberty Township Fire Department on March 26, 2019. Appellants are rig th °
“LS
On,
Appeals for the State of Ohio, a copy of which is attached as Exhibit “A” (Cpisi?
oN
appeal because the Order is not supported by reliable, probative, and substantial
evidence and is not in accordance with law.
Filed simultaneously with this Notice of Appeal is a Praecipe directing the Clerk of
the Board of Building Appeals for the State of Ohio to file a complete record of all the
original papers, testimony, and evidence offered, heard, and taken into consideration by
the Board in rendering the decision from which this appeal is taken.
Respecttully Submitted,
ic
Christopher H. Hurlburt (0072599)
Lindhorst & Dreidame Co., LPA
312 Walnut Street, Ste. 3100
Cincinnati, OH 45202
(513) 421-6630
(513) 421-0212
churlburt@lindhorstlaw.com
Attorneys for Plaintiffs-Appellantsv 7]
CERTIFICATE OF SERVICE AND FILING
This is to certify that originals of the foregoing Notice of Appeal have been filed
with Appellees, Ethan Klussman, Fire Chief, Liberty Township Fire Department, 6682
Princeton-Glendale Road, Liberty Twp., OH 45011; Board Of Building Appeals, State Of
Ohio, 6606 Tussing Road, Reynoldsburg, OH 43068; and Liberty Township Board Of
Trustees, 1014 Brewster Lane, Powell, OH 43065, via overnight delivery on the 12" day
of August, 2019. Further, this certifies that an original of the foregoing Notice of Appeal
has been filed with the Clerk of the Court of Common Pleas of Butler County, Ohio, on
the 12" day of August, 2019. Further, this certifies that a copy of the foregoing Notice of
Appeal has been delivered to Scott Phillips, counsel for Liberty Township Fire Department
and Liberty Township Trustees, at Frost, Brown, Todd, 9277 Centre Pointe Drive, Suite
300, West Chester, Ohio 45069-4866. ele / -
{) a f / ee
LU W LH
Christopher H. Hurlburt (0072599)PRAECIPE
TO: Board of Building Appeals, State of Ohio
Attn: Ms. Susan Steer
6606 Tussing Road
P.O. Box 4009
Reynoldsburg, Ohio 43068-9009
Please prepare and file with the Clerk of Courts of Common Pleas of Butler County,
Ohio, a complete transcript of all original papers, exhibits, documents, testimony, and
evidence offered, heard, and taken into consideration by the Board of Building Appeals
of the State of Ohio concerning its decision rendered July 17, 2019 in Case No. 19-0079,
a copy of which is attached hereto as Exhibit ‘A’.
satin: Lihat hare
“attorneys fF Plaintiffs-Appellantsvu a
BEFORE THE BOARD OF BUILDING APPEALS
STATE OF OHIO
Bob Hutsenpiller
Hutsenpiller Contractors inc.
Lakota East Commerce Centre
7404 Liberty One Drive
Liberty Twp., OH 45044
And
Bob Hutsenpiller
Liberty Firehouse Storage, LLC
Lakota East Commerce Centre
7904 Liberty One Drive
Liberty Twp., OH 45044
Appellant CASE NO, 19-0079
NS FINAL ORDER
Ethan Klussman, Fire Chiet
Liberty Township Fire Department
6682 Princeton — Glendale Road
Liberty Twp., OH 45011
Appellee
This matter came up for hearing Monday, July 15, 2019 in Reynoldsburg, Ohio on an appeal from Citation
No. 19-0001, dated May 10, 2019, issued by the Liberty Township Fire Department. Said citation involved the
premises known as Firehouse Storage, 5763 Princeton ~ Glendale Road, Liberty Twp., Ohio.
Based on evidence adduced by, and representations of the Appellant and the Appellee, the Appellant
appealed the citation.
Based upon the evidence submitted and testimony, the Board upholds the citation. If the violation is not
abated within 120 days of the date of this order a $1,000.00 per month civil penalty will be assessed until the
violation is abated to the satisfaction of the fire official
VOTING RECORD BY THE MEMBERS OF THE BOARD “|
YES NO ABSTAIN ABSENT
Karl H. Schneider, Attorney
Paul R. Beegan, Architect
x Neil J. Giering, Pipefitter
j Bradley J. Smith, Engineer |
Porter R. Welch, Firefighter |
x Pe ae
EXHIBIT
tadbles"G -)
Any party desiring to appeal shall file a Notice of Appeal with the Board of Building Appeals, 6606 Tussing
Road, Reynoldsburg, Ohio 43068 setting forth the order appealed from and stating that the agency's order is not
supported by reliable, probative, and substantial evidence and is not in accardance with law. The notice of appeal
may, but need not, set forth the specific grounds of the party's appeal beyond the statement that the agency's
order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. The
Notice of Appeal shall also be filed by the appellant with the Court of Common Pleas of the county in which in
which the premises affected by this order is located. Such natices of appeal shall be filed within thirty (30) days
after the mailing of the notice of the Board of Building Appeals Order as provided in Section 119.12 and Section
3737.43 of the Ohio Revised Code
CERTIFICATION
The State of Ohio,
County of Franklin, $$
w
|, the undersigned Executive Secretary for the Board of Building Appeals, hereby certify,that the forgoing isa
rue and exact reprpduction of the original Order of the Board of Building Appeals entered OF RE ournglapn tHE one
tl
inh day of U 2019 . ot
Executive Secretary
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uv ,, COURT OF COMMON PLEAS eyig aig 12 FAu24 BUTLER COUNTY, OHIO Case No. 20) 24 Judge: Dye ie Chenbae o HUTSENPILLER CONTRACTORS, INC. c/o Bob Hutsenpiller:+ = Lakota East Commerce Centre 7904 Liberty One Drive Liberty Twp., OH 45044 And LIBERTY FIREHOUSE STORAGE, LLC clo Bob Hutsenpiller Lakota East Commerce Centre 7904 Liberty One Drive Liberty Twp., OH 45044 Plaintiffs-Appellants vs, ETHAN KLUSSMAN, FIRE CHIEF LIBERTY TOWNSHIP FIRE DEPARTMENT 6682 Princeton-Glendale Road Liberty Twp., OH 45011 And LIBERTY TOWNSHIP BOARD OF TRUSTEES 1014 Brewster Lane Powell, OH 43065 And BOARD OF BUILDING APPEALS, STATE OF OHIO 6606 Tussing Road Reynoldsburg, OH 43068 Defendants-Appellees 7) a Fe ae (Administrative Appeal) Come now the Appellants, Hutsenpiller Contractors, Inc. and Liberty Firehouse Storage, LLC, by and through undersigned counsel, and hereby give notice of their appeal 656702to the Common Pleas Court of Butler County, Ohio, pursuant to ORC Section 119.12 and rn] ORC Section 3737.43, of the July 17, 2019 decision and order of the Board of Buffging oa Ce Ths a ge Order upheld the Citation and Order #19-0001, Notice of Proposed Penalty 26 i@eued.by - O Ss % Oo Appellee Liberty Township Fire Department on March 26, 2019. Appellants are rig th ° “LS On, Appeals for the State of Ohio, a copy of which is attached as Exhibit “A” (Cpisi? oN appeal because the Order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. Filed simultaneously with this Notice of Appeal is a Praecipe directing the Clerk of the Board of Building Appeals for the State of Ohio to file a complete record of all the original papers, testimony, and evidence offered, heard, and taken into consideration by the Board in rendering the decision from which this appeal is taken. Respecttully Submitted, ic Christopher H. Hurlburt (0072599) Lindhorst & Dreidame Co., LPA 312 Walnut Street, Ste. 3100 Cincinnati, OH 45202 (513) 421-6630 (513) 421-0212 churlburt@lindhorstlaw.com Attorneys for Plaintiffs-Appellantsv 7] CERTIFICATE OF SERVICE AND FILING This is to certify that originals of the foregoing Notice of Appeal have been filed with Appellees, Ethan Klussman, Fire Chief, Liberty Township Fire Department, 6682 Princeton-Glendale Road, Liberty Twp., OH 45011; Board Of Building Appeals, State Of Ohio, 6606 Tussing Road, Reynoldsburg, OH 43068; and Liberty Township Board Of Trustees, 1014 Brewster Lane, Powell, OH 43065, via overnight delivery on the 12" day of August, 2019. Further, this certifies that an original of the foregoing Notice of Appeal has been filed with the Clerk of the Court of Common Pleas of Butler County, Ohio, on the 12" day of August, 2019. Further, this certifies that a copy of the foregoing Notice of Appeal has been delivered to Scott Phillips, counsel for Liberty Township Fire Department and Liberty Township Trustees, at Frost, Brown, Todd, 9277 Centre Pointe Drive, Suite 300, West Chester, Ohio 45069-4866. ele / - {) a f / ee LU W LH Christopher H. Hurlburt (0072599)PRAECIPE TO: Board of Building Appeals, State of Ohio Attn: Ms. Susan Steer 6606 Tussing Road P.O. Box 4009 Reynoldsburg, Ohio 43068-9009 Please prepare and file with the Clerk of Courts of Common Pleas of Butler County, Ohio, a complete transcript of all original papers, exhibits, documents, testimony, and evidence offered, heard, and taken into consideration by the Board of Building Appeals of the State of Ohio concerning its decision rendered July 17, 2019 in Case No. 19-0079, a copy of which is attached hereto as Exhibit ‘A’. satin: Lihat hare “attorneys fF Plaintiffs-Appellantsvu a BEFORE THE BOARD OF BUILDING APPEALS STATE OF OHIO Bob Hutsenpiller Hutsenpiller Contractors inc. Lakota East Commerce Centre 7404 Liberty One Drive Liberty Twp., OH 45044 And Bob Hutsenpiller Liberty Firehouse Storage, LLC Lakota East Commerce Centre 7904 Liberty One Drive Liberty Twp., OH 45044 Appellant CASE NO, 19-0079 NS FINAL ORDER Ethan Klussman, Fire Chiet Liberty Township Fire Department 6682 Princeton — Glendale Road Liberty Twp., OH 45011 Appellee This matter came up for hearing Monday, July 15, 2019 in Reynoldsburg, Ohio on an appeal from Citation No. 19-0001, dated May 10, 2019, issued by the Liberty Township Fire Department. Said citation involved the premises known as Firehouse Storage, 5763 Princeton ~ Glendale Road, Liberty Twp., Ohio. Based on evidence adduced by, and representations of the Appellant and the Appellee, the Appellant appealed the citation. Based upon the evidence submitted and testimony, the Board upholds the citation. If the violation is not abated within 120 days of the date of this order a $1,000.00 per month civil penalty will be assessed until the violation is abated to the satisfaction of the fire official VOTING RECORD BY THE MEMBERS OF THE BOARD “| YES NO ABSTAIN ABSENT Karl H. Schneider, Attorney Paul R. Beegan, Architect x Neil J. Giering, Pipefitter j Bradley J. Smith, Engineer | Porter R. Welch, Firefighter | x Pe ae EXHIBIT tadbles"G -) Any party desiring to appeal shall file a Notice of Appeal with the Board of Building Appeals, 6606 Tussing Road, Reynoldsburg, Ohio 43068 setting forth the order appealed from and stating that the agency's order is not supported by reliable, probative, and substantial evidence and is not in accardance with law. The notice of appeal may, but need not, set forth the specific grounds of the party's appeal beyond the statement that the agency's order is not supported by reliable, probative, and substantial evidence and is not in accordance with law. The Notice of Appeal shall also be filed by the appellant with the Court of Common Pleas of the county in which in which the premises affected by this order is located. Such natices of appeal shall be filed within thirty (30) days after the mailing of the notice of the Board of Building Appeals Order as provided in Section 119.12 and Section 3737.43 of the Ohio Revised Code CERTIFICATION The State of Ohio, County of Franklin, $$ w |, the undersigned Executive Secretary for the Board of Building Appeals, hereby certify,that the forgoing isa rue and exact reprpduction of the original Order of the Board of Building Appeals entered OF RE ournglapn tHE one tl inh day of U 2019 . ot Executive Secretary