NEWBURY TOWNSHIP BOARD OF TOWNSHIP TRUSTEES, APPELLANT,
v.
LOMAK PETROLEUM (OHIO), INC., APPELLEE.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted October 15, 1991.
Decided January 15, 1992.
Attorney(s) appearing for the Case
David P. Joyce, Prosecuting Attorney, and Forrest W. Burt, Assistant Prosecuting Attorney, for appellant.
Vorys, Sater, Seymour & Pease, Duke W. Thomas, James C. Becker and John K. Keller, for appellee.
Wright & Logan and Paul L. Wright, urging affirmance for amicus curiae, Ohio Farm Bureau Federation, Inc.
Buckingham, Doolittle & Burroughs and William G. Williams, urging affirmance for amicus curiae, MB Operating Co., Inc.
Emens, Hurd, Kegler & Ritter, Thomas W. Hill and O. Judson Scheaf III, urging affirmance for amicus curiae, Ohio Oil & Gas Association, Inc.
Eugene P. Whetzel, urging affirmance for amicus curiae, Ohio Manufacturers' Association.
Johnson & Johnson, Nils P. Johnson, Jr. and Eric C. Johnson, urging affirmance for amici curiae, Carter Resources, Inc., Everflow Eastern, Inc., and Viking Resources, Inc.
Spieth, Bell, McCurdy & Newell, Timothy J. Grendell and John H. Forg, urging affirmance for amicus curiae, Ohio Home Builders Association.
Lee I. Fisher, Attorney General, Joan C. Weiser and Todd M. Musheff, urging affirmance for amicus curiae, Ohio Department of Natural Resources.
Supreme Court of Ohio.
ALICE ROBIE RESNICK, J.
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...
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