Henley v. Board of Zoning Appeals

In Henley v. Board of Zoning Appeals, 90 Ohio St. 3d 142, 2000 Ohio 493, 735 N.E. 2d 433, the Supreme Court found the common pleas court considers the whole record, including any new or additional evidence admitted under R.C. 2506.03, and determines whether the administrative order is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence. The standard of review to be applied by the court of appeals is more limited in scope. The court of appeals may review the judgment of the common pleas court only on questions of law, which does not include weighing the evidence. Furthermore, "appellate courts must not substitute their judgment for those of an administrative agency or a trial court absent the approved criteria for doing so." Lorain City School Dist. Bd. of Edn. v. State Emp. Relations Bd. (1988), 40 Ohio St.3d 257, 261, 533 N.E.2d 264, 267.