Eastman & Smith, Ltd., Dirk P. Plessner , Albin Bauer II , and Rene L. Rimelspach , urging reversal for amici curiae Bokescreek Township, Carroll-Columbiana-Harrison Joint Solid Waste Management District, Erie County, Lake Township, Logan County, Lorain County, Medina County, Miami County, Monroe Township, New Russia Township, North Central Ohio Solid Waste Management District, Ottawa-Sandusky-Seneca Joint Solid Waste Management District, Richland Township, and Stark-Tuscarawas-Wayne Joint Solid Waste Management District.
Matthew J. DeTemple , urging reversal for amici curiae Ohio Township Association and Coalition of Large Ohio Urban Townships.
Supreme Court of Ohio.
O'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...
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