A & B Refuse Disposers, Inc. v. Board of Ravenna Township Trustees

The precise issue in this case is whether the definition of a “public utility,” as expressed in case law, is applicable to appellant’s landfill operation for the purpose of exemption from township zoning restrictions.

*387Former R.C. 519.211 expressly exempts public utilities from township zoning regulation and land use controls. R.C. Chapter 519 does not, however, provide a definition of the term “public utility” for the purpose of determining qualification for the exemption. Nevertheless, the meaning of “public utility,” although sometimes elusive, has gradually evolved through case law.

Determina…