DOVETAIL ENERGY v. BOARD OF ZONING APPEALS

No. 2021-CA-15.

183 N.E.3d 602 (2022)

2022-Ohio-92

DOVETAIL ENERGY, LLC, et al., Appellees v. BATH TOWNSHIP BOARD OF ZONING APPEALS, et al., Appellants.

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

Rendered on January 14, 2022.


Attorney(s) appearing for the Case

CATHERINE ANN CUNNINGHAM , Atty. Reg. No. 0015730, 65 East State Street, Suite 1800, Columbus, Ohio 43215 and N. TREVOR ALEXANDER , Atty. Reg. No. 0080713, 41 South High Street, Suite 2600, Columbus, Ohio 43215, Attorneys for Appellees Dovetail Energy, LLC and Renergy, Inc.

JACK A. VAN KLEY , Atty. Reg. No. 0016961, 132 Northwoods Boulevard, Suite C-1, Columbus, Ohio 43235, Attorney for Appellees Pitstick Renewable Energy, LLC, Thomas V. and D. Lynne Pitstick.

L. MICHAEL BLY , Atty. Reg. No. 0042074 & MATTHEW S. HAUER , Atty. Reg. No. 0099596, 2700 Stratacache Tower, Dayton, Ohio 45423, Attorneys for Appellants.


OPINION

{¶ 1} Appellants, the Bath Township Board of Zoning Appeals, Bath Township, and the Bath Township zoning inspector (collectively, the BZA), appeal from a judgment of the Greene County Court of Common Pleas which determined that the biodigester facility owned by Appellee, Dovetail Energy, LLC, was not...

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