Legal Opinion

Rumpke Sanitary Landfill, Inc. v. Colerain Township

Ohio Supreme Court

Decided September 5, 2012No. 2011-0181PublishedCited by 1 opinion

1Opinion of the CourtO’Connor, C.J.

{¶ 1} In this appeal, we decide whether a private sanitary landfill is a public utility that is exempt from township zoning regulations pursuant to R.C. 519.211. For the reasons set forth below, we hold that a private sanitary landfill is not a public utility and is therefore subject to township zoning regulations. Accordingly, we reverse the judgment of the court of appeals and remand the cause to the trial court for trial.

Background

{¶ 2} Appellant Colerain Township is a governmental entity in Hamilton County, Ohio, with all the rights, privileges, and duties imposed upon it by R.C. Title 5.…

2Cases cited17 opinions

  1. Allen v. Railroad CommissionCalifornia Supreme Court · 1918
  2. Symmes Twp. Bd. of Trustees v. SmythOhio Supreme Court · 2000
  3. Southern Ohio Power Co. v. Public Utilities CommissionOhio Supreme Court · 1924
  4. Marano v. GibbsOhio Supreme Court · 1989
  5. Greater Fremont, Inc. v. City of FremontDistrict Court, N.D. Ohio · 1968

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3Cited by1 opinion

  1. Westfield Twp. Zoning Inspector v. Emerald Bioenergy, L.L.C.Ohio Court of Appeals · 2021

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