Court Says Applicant Lacks Right to Challenge Zoning Rule
Posted on: Monday, 24 October 2005, 18:00 CDT
By Ben Sutherly bsutherly@DaytonDailyNews.com
XENIA -- A company planning a 2,100-head dairy in eastern Greene County could lose its challenge of a Ross Twp. zoning regulation on a technicality -- leaving for another day a decision in the legal fight about whether large livestock farms are agriculture or agribusiness.
Townships can regulate agribusiness through zoning, but not agriculture, according to the Ohio Revised Code.
County Common Pleas Court Magistrate Raymond J. Dundes on Wednesday ruled Meerland Dairy LLC has no grounds on which to challenge a township zoning amendment, approved in July, requiring livestock operations large enough to require state Agriculture Department permits to also obtain conditional use permits from Ross Twp.
Meerland Dairy LLC does not appear to have a legal interest in land where the dairy would be, Dundes wrote, despite testimony from prospective dairy owner Martinus DeHaan that he signed a contract to buy the land on behalf of Meerland Dairy.
Nevertheless, Dundes wrote, Meerland Dairy LLC is not mentioned in that contract, which suggests DeHaan signed as an individual instead of an agent for Meerland Dairy.
"... (T)he court looks to the document itself to determine the rights and responsibilities of the parties," he wrote.
Dundes recommended Judge J. Timothy Campbell deny Meerland's request to overturn the zoning law and dismiss the case.
Jack A. Van Kley, Meerland's attorney, said he would file objections to the magistrate's decision.
Robert Surdyk, attorney for Ross Twp., said the substantive legal issues "will be there for another case" if the judge upholds the magistrate's ruling.
Meerland Dairy LLC obtained state permits June 2, but a residents group has appealed those permits to the state Environmental Review Appeals Commission.
Contact Ben Sutherly at 335-0509.
Source: Dayton Daily News
Related Articles
- Greenbrier Receives Strategic Investment from WL Ross & Co.
- ASAT Holdings Appoints Jonathan Ross as Its General Counsel
- Elbit Imaging Ltd. Announces Developments in Legal Proceedings
- Westmoreland Coal Company Completes Refinancing of Westmoreland Mining LLC Debt
- Final Permit Hurdle Cleared to Expand Windridge Generating Facility and Plan of Development Submitted to BLM for Expansion of the Mesa Wind Generating Facility
- The St. Joe Company (NYSE:JOE) Announces U.S. District Court Upholds Regional General Permit for 48,150 Acres in Walton and Bay Counties
- Environmental Power Announces Key Dairy Partnerships in California; Capacity Expected to Meet Gas Purchase Pact With PG&E
- Quoddy Bay LLC Promises World's Safest Terminal
- Area Residents Raise Big Stink Over Megafarms ; Large Operations Trigger Activism By Neighbors
 |
 |
User Comments (0)
RSS Feeds