Ohio Ruling Exempts Landfills from Local Zoning; Deemed Public Utility

Date: December 17, 2010

Source: News Room

In what could have industry wide implications, an Ohio appellate court ruled that a landfill can qualify as a public utility and therefore be exempt from local zoning restrictions. The decision by Ohio's First District Court of Appeals clears the way for Rumpke Consolidate Companies (Cincinnati, OH) to move ahead with a $145.5 million expansion of its Colerain Township landfill in eastern Ohio. In its ruling, the court qualified a public utility as a business that among other things, provides an essential public service, and its operations are a matter of public concern." The ruling followed another just a day earlier wherein the Ohio Supreme Court sided with Rumpke on a side issue related to the utility dispute. The court ruled that Colerain Township was not a "a proper party" to a case challenging the constitutionality of Ohio legislation that would have given township's zoning authority over private landfills.


PRESS RELEASE

Keating Muething & Klekamp Attorneys Win Supreme Court of Ohio's Affirmation That Colerain Township Is Not Proper Party in Case Involving Rumpke Sanitary Landfill, Inc. v. State

  • Supreme Court's ruling allows pending case involving Rumpke's status as public utility under township zoning law to be decided by Court of Appeals

In a decision announced today, the state's highest court ruled in favor of Keating Muething & Klekamp's client that Colerain Township in Hamilton County is not a proper party and therefore not allowed to intervene in a lawsuit filed by Rumpke Sanitary Landfill, Inc. The lawsuit challenged the constitutionality of a General Assembly bill intended to impact the Township's zoning authority over private landfills. The 4-3 Supreme Court decision, authored by Justice Terrence O'Donnell, was made despite the fact that the Township is a defendant in a pending zoning lawsuit filed by Rumpke. The Supreme Court decision affirmed the ruling by the 1st District Court of Appeals and affirmed the earlier trial court ruling by Hamilton County Common Pleas Judge Ralph Winkler, Jr. in March 2009.

Keating Muething & Klekamp (KMK®) attorneys Joseph L. Trauth, Jr., Thomas M. Tepe, Jr. and Charles M. (Chip) Miller represent plaintiff Rumpke Sanitary Landfill, Inc.

Trauth said, "On behalf of our client, we feel that the Supreme Court of Ohio made the correct ruling affirming the trial court and the Court of Appeals decisions in this matter. Now that it has been made clear that Colerain Township is not allowed to intervene in this case, we await the decision by the 1st District Court of Appeals on the remaining issue regarding Rumpke's status as a public utility under township zoning law."

Additional information is available online at the Supreme Court of Ohio website (www.sconet.state.oh.us/PIO/summaries/2010/1216/092004.asp). The Supreme Court oral argument video related to this case is also available online (supremecourtofohiomedialibrary.org/Media.aspx?fileId=127009).

About Keating Muething & Klekamp PLL

The law firm of Keating Muething & Klekamp PLL (KMK®), based in Cincinnati, Ohio, is a nationally-recognized law firm delivering sophisticated legal solutions to businesses of all sizes — from Fortune 500 corporations to start-up companies. KMK has been ranked #1 in Ohio in project finance law and #1 in Cincinnati in land use & zoning law, project finance law, real estate law, municipal law, corporate law, personal injury law, and employee benefits law in the 2011 edition of Best Lawyers in America®. KMK has been recognized as a leading law firm in general commercial litigation, bankruptcy and restructuring law, and corporate and mergers & acquisitions law in the 2010 edition of Chambers USA: America's Leading Business Lawyers®. KMK received 12 first tier rankings in the 2010 Best Law Firms survey (Metropolitan Cincinnati) by U.S.News and Best Lawyers. Founded in 1954, KMK has approximately 115 lawyers and a support staff of 150 employees. Additional information is available at www.kmklaw.com.

For more information, contact:
Keating Muething & Klekamp PLL
Susan M. Kurz, Office: 513-579-6544
Director, Business Development & Marketing
Mobile/Text: 513-502-8950
skurz@kmklaw.com.

Sign up to receive our free Weekly News Bulletin