Dovetail Energy, L.L.C. v. Bath Twp. Bd. of Zoning Appeals

Citations

• 183 N.E.3d 602
• 2022 Ohio 92

Syllabus

The trial court did not err in finding that appellee's biodigester facility is a public utility pursuant to R.C. 519.211(A) and thus exempt from zoning restrictions. The trial court also did not err in not remanding the case back to the BZA for further proceedings on the public utility issue R.C. 2506.04 permits, but does not require, such an action. Finally, the trial court did not err in ordering the BZA to grant appellee's request for an exemption to expand the facility because the expansion will also be part of the public utility. Judgment affirmed.