Blue Heron Nurseries, L.L.C. v. Funk

Carr, Presiding Judge.

{¶ 1} Appellants, William Funk and Bath Township, appeal the judgment of the Summit County Court of Common Pleas. This court reverses.

I

{¶ 2} On June 22, 2007, appellees, Blue Heron Nurseries, L.L.C., and Hortpro, Inc. (“Blue Heron”), filed a motion seeking declaratory judgment and injunctive relief against appellants, William Funk and Bath Township (“the township”). Blue Heron specifically sought a declaration that it was engaged in the practice of “agriculture” under R.C. 519.21(A) and thus was exempt from the township’s residential zoning restrictions. The named…