Newbury Township Board of Township Trustees v. Lomak Petroleum (Ohio), Inc.

The issue presented for our review is whether certain portions of Newbury Township’s zoning resolution are invalid because they are preempted by R.C. Chapter 1509.

It is the public policy of the state of Ohio to encourage oil and gas production when the extraction of those resources can be accomplished without undue threat of harm to the health, safety and welfare of the citizens of Ohio. To further this policy and to ensure some degree of uniformity throughout the state, local regulation of some aspects of oil and gas well exploration and development is preempted by the statutory plan…