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Aerial photos of the Rocky Ridge Development quarry.
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Ohio Supreme Court splits difference on Rocky Ridge quarry fill dispute

Ohio Supreme Court splits difference on Rocky Ridge quarry fill dispute

COLUMBUS — The Ohio Supreme Court on Thursday blocked an Ottawa County judge from encroaching on the exclusive jurisdiction of the State Environmental Review Appeals Commission as to whether the Rocky Ridge quarry fill project is complying with its state permit.

But the high court refused to block Common Pleas Judge Bruce Winters when it comes to determining whether the project at the former Stoneco quarry on State Rt. 590 is violating Benton Township’s zoning rules or creating a nuisance on the site. 

The city of Toledo approved an $8.5 million contract last year with Custom Ecology to remove spent lime from a lagoon near its Collins Park Water Treatment Plant. Rocky Ridge’s state permit allows it to reuse the spent lime to fill the former quarry after mixing it with soil.

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The Supreme Court refused to fully block Judge Winters’ temporary restraining order against the project by Rocky Ridge Development LLC and its Stansley Industries, Inc. until they are in compliance with the township zoning resolution and state law.

“Without question, some of the allegations in the Benton Township complaint directly challenge the wisdom of the LAMP (Land Application Management Plan) and therefore fall squarely within the jurisdiction of ERAC…,” the Supreme Court ruled.

These include allegations that the LAMP was issued to the wrong party, that Rocky Ridge is violating the terms of that permit, and that the company is violating state law.

“Judge Winters patently and unambiguously lacks jurisdiction to consider these matters, and so we hereby issue a writ of prohibition as to those allegations,” the Supreme Court wrote.

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But the court denied Rocky Ridge’s similar request to block the judge on the local zoning and nuisance issues. Judge Winters has the authority to determine whether a conflict exists between the local zoning rules and state law, it said.

The township contends Rocky Ridge is violating zoning rules by excavating the land down to bedrock, endangering groundwater and well water, spilling industrial waste onto roadways, and causing flooding and erosion on adjacent properties.

“For present purposes, it is sufficient to say that Judge Winters does not patently and unambiguously lack jurisdiction to determine whether the alleged nuisances are a result of permissible operations or a consequence of Rocky Ridge breaching the conditions in its LAMP, that Rocky Ridge has an adequate remedy by way of appeal from any decision he renders, and that a writ of prohibition as to the nuisance claims is not proper on this record,” the high court found.

In addition to turning to the Supreme Court, Rocky Ridge had also appealed Judge Winters’ order to the Toledo-based Sixth District Court of Appeals.

Ottawa County Prosecuting Attorney James VanEerten said that appeal can now proceed, and work at the quarry remains on hold.

“We’ve been arguing all along that the locality’s zoning complaints and nuisances are properly before the common pleas court of the county,” he said. “Rocky Ridge had argued that the only place that can hear this is ERAC. We strongly have contested that.

“Localities, townships, villages, and the like have the authority to decide what goes where…,” Mr. VanErten said. “Sure they can put waste where it is properly zoned, but they’re putting in an agriculturally zoned area that doesn’t allow that type of activity.”

Matt Harper, one of Rocky Ridge’s attorneys, said he had not had time yet to fully review the decision.

Contact Jim Provance at jprovance@theblade.com or 614-221-0496.

First Published September 21, 2017, 2:29 p.m.

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Aerial photos of the Rocky Ridge Development quarry.
Aerial photos of the Rocky Ridge Development quarry.
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