OUR COMMUNITY. OUR WATER.
Several cases are currently in the courts:
- Ottawa County Municipal Court (Judge Hany)
October & November 2016, two criminal zoning cases were filed in municipal court by the township zoning inspector and the county prosecutor. The cases are ongoing. For updated information click here for case 1601363A and here for case 1601314A. (Update April 25, 2017: Case dismissed without prejudice at the request of the Ottawa County Prosecutor, James VanEerten. Charges may be refilled at a later date)
- Ottawa County Common Pleas Court (Judge Winters)
February 2017 a case was filed in common pleas court with regard to the question of zoning on the RRD property. For updated information and decision dated 09.21.17 click here. Search Rocky Ridge Development in the records search.
- RRD challenges Judge Winters jurisdiction to hear the February 2017 case in Ottawa County Common Pleas Court. For updated information on this case in the Ohio Supreme Court click here.
- March 2017 two appeals filed with the Environmental Reviews Appeals Commission of Ohio (ERAC) challenging the Land Application Management Plan (LAMP) permit that was modified in February 2017. This case is pending and scheduled for hearing in February 2018. Click here and search for case number 17-6920 for updates.
- April 2017 RRD files with the Ohio Sixth District Court of Appeals appealing Judge Winter's recent decision.
- May 2017 RRD requests and is granted a stay with the Sixth District Court pending the Ohio Supreme Courts ruling. (meaning the sixth district will hear the case after the Ohio Supreme Court rules on the matter of Judge Winter's jurisdiction.)
- October 2017 The Sixth District Court of Appeals denies RRD's request to appeal the injunction imposed by Judge Winters stating that the injunction was temporary in nature and therefore not appealable.
- October 2018 Bench trial scheduled for March 18-20, 2019 before Judge Bruce Winters in Ottawa County Common Pleas Court.
- March 2019 Ottawa County Common Pleas Judge Bruce Winters grants Benton Township a permanent injunction by means of a summary judgment. The injunction bars further disposal activity at the quarry property. The trial scheduled for later in March is cancelled. Rocky Ridge Development appeals the decision to the Sixth District Court of Appeals.
- January 2020 The appeal in the Sixth District Court is still pending.
- August 2020 The Sixth District Court of Appeals rules in favor of Benton Township upholding the decision from the lower court.
- December 2020 In a 5/2 vote the Ohio Supreme Court refused to hear an appeal requested by Rocky Ridge Development effectively upholding the decision by the lower court. Justices Sharon Kennedy and Judith French dissented.