IN RE COLUMBUS BITUMINOUS CONCRETE CORP.

No. 17CA15.

114 N.E.3d 621 (2018)

2018-Ohio-2706

IN RE: Application of COLUMBUS BITUMINOUS CONCRETE CORPORATION and Shelly Materials, Inc. for a conditional use for Sand and Gravel Mining on approximately 178.9 acres in Harrison Township, Pickaway County, Ohio. Columbus Bituminous Concrete Corp., et al., Appellants-Appellants/Cross-Appellees, v. Harrison Township Board of Zoning Appeals, et al., Appellees-Appellees/Cross-Appellants.

Court of Appeals of Ohio, Fourth District, Pickaway County.

RELEASED June 5, 2018.


Attorney(s) appearing for the Case

Catherine A. Cunningham , Kegler, Brown, Hill & Ritter LPA, Columbus, Ohio, and Paul D. Rice , Granville, Ohio, for appellants-appellants/cross-appellees, Columbus Bituminous Concrete Corporation and Shelly Materials, Inc.

Judy C. Wolford , Pickaway County Prosecuting Attorney, and Jayme Hartley Fountain , Pickaway County Assistant Prosecuting Attorney, Circleville, Ohio, for appellees-appellees Harrison Township Board of Zoning Appeals, Pickaway County, Ohio, Harrison Township Zoning Inspector Dale Hoover, and Harrison Township.

Jennifer A. Flint , Christopher N. Slagle , and Matthew R. Koppitch , Bricker & Eckler LLP, Columbus, Ohio, for appellee-appellee/cross-appellant, Berger Health System.


DECISION AND JUDGMENT ENTRY

{¶ 1} After the Harrison Township Board of Zoning Appeals ("board") denied the application of Columbus Bituminous Concrete Corporation and Shelly Materials, Inc. (collectively referred to as "CBCC") for a conditional-use zoning certificate...

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