Published: Saturday, August 11, 2007
Fight to keep out landfill is not over
HUBBARD — Township officials and many residents fighting to keep a landfill out of the township limits have lost two court battles, but are not ready to give up the fight.
Township trustees, in a Thursday meeting, voted unanimously to appeal a recent decision by the 11th District Court of Appeals concerning the TransRail America landfill to the Ohio Supreme Court.
Township officials in a press release called the appeal "necessary and prudent being in the best interest of the Hubbard community."
TransRail is hoping to put a landfill on land off Drummond Avenue and Mount Everett Road about 1,000 feet north of the city limits.
The 11th District Court of Appeals in July agreed with a decision from Trumbull County Common Pleas Court stating that TransRail America Inc. can operate a construction and demolition debris landfill under current township zoning regulations.
The township initially had told TransRail officials that the property was zoned "light industrial" under a 1983 zoning amendment and therefore could not be used as a landfill. The company took the matter to court.
Court decisions
Judge Wyatt McKay of common pleas court said TransRail America's 243-acre property is properly classified as industrial.
Township officials appealed that decision, arguing that the court erred in determining the property is zoned industrial and saying the court usurped the township officials' authority by determining that a C&DD landfill would be an acceptable use of the property.
The appellate court rejected both township arguments, saying the 1983 zoning amendment proposal was never enacted by subsequent legislation of the zoning board and no notice or meeting was held either by the zoning commission or the board as required by law.
The appellate court, in its ruling, did make clear that the court is not opening the door for the creation of the landfill.
Trustee Fred Hanley said attorneys representing the township have said the township could be victorious on appeal.
"Our attorneys indicated to the board that there are issues that must be addressed, and obviously both lower courts [common pleas and appellate] overlooked those issues, that is why we are going to the Supreme Court."
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