2nd District Court of Appeals, the judges ruling is expected within a few weeks to a few months. KEEP YOUR FINGERS CROSSED!
On Tuesday, August 3, 2021, the three judges of the Ohio Second District Court of Appeals, sitting in Dayton, Ohio, heard oral arguments in Enon Sand and Gravel’s appeal of the Clark County Common Pleas Court’s ruling in favor of the neighboring landowners in their lawsuit seeking to enforce the Clark County Zoning Resolution and require the mining company to obtain a conditional use permit from the Clark County Board of Zoning Appeals before commencing a limestone mining operation on the former Demmy farm in southern Mad River Township. The neighbors were ably represented in the mining company’s appeal by Springfield attorney Paul Kavanagh, who argued forcefully that the failure of the Clark County Commissioners to enforce the County’s zoning regulations should not preclude the neighbors who will be specially damaged by the mining operation from bringing an enforcement action. Keep your fingers crossed that the Court of Appeals will affirm the trial court’s well-reasoned decision in the neighboring landowners’ favor.