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COLUMBUS BITUMINOUS v. HARRISON

No. 2018-1008.

156 N.E.3d 841 (2020)

160 Ohio St.3d 279

2020-Ohio-845

COLUMBUS BITUMINOUS CONCRETE CORPORATION et al., Appellants, v. HARRISON TOWNSHIP BOARD OF ZONING APPEALS et al., Appellees.

Supreme Court of Ohio.

Decided March 11, 2020.

Attorney(s) appearing for the Case

Kegler, Brown, Hill & Ritter, Co., L.P.A., and Catherine A. Cunningham , Columbus, and Paul D. Rice , Mason, for appellants.

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

Bricker & Eckler, L.L.P., Anne Marie Sferra , and Jennifer A. Flint , Columbus, for appellee Berger Health System.

Eastman & Smith, Ltd., Brian P. Barger , and Barry W. Fissel , Columbus, urging reversal for amici curiae Ohio Aggregates and Industrial Minerals Association, Flexible Pavements of Ohio, Ohio Ready Mixed Concrete Association, and Ohio Contractors Association.

David P. Fornshell , Warren County Prosecuting Attorney, and Kathryn M. Horvath and Adam M. Nice , Assistant Prosecuting Attorneys, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association

Carlile, Patchen & Murphy, L.L.P., Carl A. Aveni , and Shaun P. Lyons , Columbus, urging affirmance for amici curiae Pickaway County Board of Commissioners, village of Ashville, and village of South Bloomfield.

Brosius, Johnson & Griggs, L.L.C., Peter N. Griggs , Columbus, Emily L. Butler , and Jennifer L. Huber , urging affirmance for amici curiae Ohio Township Association and County Commissioners Association of Ohio.

{¶ 1} In this appeal, we consider whether appellee Harrison Township Board of Zoning Appeals ("BZA") lawfully denied an application for a conditional-use permit to conduct sand-and-gravel mining based on general conditions applicable to all conditional uses set out in a Harrison Township zoning resolution. We conclude...

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