Verbillion v. Enon Sand & Gravel, L.L.C.

Citations

• 180 N.E.3d 638
• 2021 Ohio 3850

Syllabus

The trial court did not err in concluding that appellees established standing under R.C. 303.24 to bring this action. Appellees demonstrated that they would incur special damages if appellant were not required to obtain a conditional use permit before engaging in surface mining. The trial court also did not err in failing to apply res judicata to appellees' claims, based on prior federal litigation between appellant and the County Board of Commissioners. Appellees were not in privity with the parties to that action. In addition, appellees' state action was not an improper collateral attack on the prior federal case. The trial court did not err in excluding a deposition taken in the prior action although the deponent was deceased, the requirements of Evid.R. 804(B)(1) were not met, due to the lack of privity between appellees and the parties to the prior action. Finally, appellant failed to prove that it had a prior legal non-conforming use of the property. And, on the part of the property on which a prior nonconforming use existed when zoning regulations were enacted, the former property owners abandoned or voluntarily discontinued that use. Therefore, appellant must obtain a conditional use permit to engage in surface mining. Judgment affirmed.