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VERBILLION v. ENON SAND AND GRAVEL, LLC

No. 2021-CA-1.

180 N.E.3d 638 (2021)

2021-Ohio-3850

Michael E. VERBILLION, et al. Plaintiffs-Appellees v. ENON SAND AND GRAVEL, LLC, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Clark County.

Rendered on October 29, 2021.

Attorney(s) appearing for the Case

BRIAN P. BARGER , Atty. Reg. No. 0018908 and MATTHEW D. HARPER , Atty. Reg. No. 0059192, One SeaGate, 24th Floor, P.O. Box 10032, Toledo, Ohio 43699, Attorneys for Plaintiffs-Appellees.

PAUL J. KAVANAGH , Atty. Reg. No. 0065418, 333 North Limestone Street, P.O. Box 1687, Springfield, Ohio 45501, Attorney for Defendant-Appellant.

OPINION

{¶ 1} This case involves whether a prior, non-conforming use for surface mining exists on property owned by Defendant-Appellant, Enon Sand and Gravel, LLC ("Enon"). The trial court concluded that it does not, and that Enon must obtain a conditional use permit to engage in surface mining. Enon appeals...

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