Dayton property owner fights rejection of junkyard request

A junked car outside of a fence surrounding a property at 1801 Valley St., in Old North Dayton. The property for years was a junk yard. CORNELIUS FROLIK / STAFF

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A junked car outside of a fence surrounding a property at 1801 Valley St., in Old North Dayton. The property for years was a junk yard. CORNELIUS FROLIK / STAFF

The owner of a property in Old North Dayton has appealed a decision by Dayton’s zoning appeals board denying a request to use the land as a junkyard.

Moore Real Estate Holdings LLC has filed an appeal in Montgomery County Common Pleas Court that seeks to allow the Middletown Company to operate a junkyard at 1801 Valley St.

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A Google Earth aerial image of 1801 Valley St. in Dayton in 2017. CONTRIBUTED

A Google Earth aerial image of 1801 Valley St. in Dayton in 2017. CONTRIBUTED

Combined ShapeCaption
A Google Earth aerial image of 1801 Valley St. in Dayton in 2017. CONTRIBUTED

Moore Real Estate Holdings in court documents says Dayton’s Board of Zoning Appeals wrongly denied the continuation of the property’s grandfathered junkyard use.

The company also says the board should not have rejected its application for an operating certificate for a junkyard at the site, which is about a mile northeast of Dayton Children’s, and just south of the vacant former Valleycrest landfill.

Members of the zoning appeals board said city staff and the zoning administrator found evidence that the property stopped operating as a lawful junkyard years ago.

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A Google Earth aerial image of 1801 Valley St. in 2015. CONTRIBUTED

A Google Earth aerial image of 1801 Valley St. in 2015. CONTRIBUTED

Combined ShapeCaption
A Google Earth aerial image of 1801 Valley St. in 2015. CONTRIBUTED

The site was a salvage yard in the 1970s, and Mahaffey’s Auto Salvage was the main occupant until the company was dissolved more than a decade ago, city staff said.

Board members said they think the lawful junkyard use ceased after Mahaffey’s went out of business.

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A Google Street image of 1801 Valley St. in Old North Dayton from 2015. CONTRIBUTED

A Google Street image of 1801 Valley St. in Old North Dayton from 2015. CONTRIBUTED

Combined ShapeCaption
A Google Street image of 1801 Valley St. in Old North Dayton from 2015. CONTRIBUTED

But an attorney representing Moore Real Estate Holdings said the property was sold and purchased as a junkyard, and its use in that capacity never stopped, even if the previous owners did not have proper licenses.

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