Warren County septic business wins appeal in dispute with neighbors


An appointed judge has ruled a septic tank cleaning business should be allowed to continue to operate in a neighborhood in Warren County, despite opposition from neighbors, including a retired local judge.

“The critical decision was made some time ago when the Board of Commissioners allowed more intensive conditional permitted uses, many of which are at least as intensive,” James Brogan, appointed last year by the Ohio Supreme Court, said in his ruling in Warren County Common Pleas Court.

RELATED: Residents fight septic business in neighborhood

Brogan ruled on an appeal brought last year by homeowners on Beal Road in Franklin Twp. of a decision by the Warren County Rural Zoning Board of Appeals permitting SepTek Services to operate under a conditional use permit.

FOLLOW LARRY BUDD ON TWITTER

“Because of the real and legitimate concerns” of the residents, Brogan said, “the Zoning Inspector should vigorously enforce the conditions.”

The commission set conditions, limiting the operation to five of 16 acres and barring the business from storing, treating or dumping “effluent, bio-solids and the like” on the property.

RELATED: County board sets conditions for septic business in residential area

The decision will also limit vehicles used in the business and require SepTek to add trees and a berm to buffer the neighbors.

Brogan was appointed by the state’s high court after all the local judges and a magistrate recused themselves from the case brought by neighbors, including former Warren County Common Pleas Court Judge Dan Fedders.

RELATED: Supreme Court to appoint judge on appeal in Warren County

Brogan’s ruling, filed last week, followed a court hearing in April 7.

It was unclear if the residents would appeal the decision.



Reader Comments ...


Next Up in Politics

Clark County council votes against merging 2 clerk of courts offices
Clark County council votes against merging 2 clerk of courts offices

The Clark County Criminal Justice Council voted to no longer examine consolidating two local clerk of courts offices, due at least in part due to the cost to combine computer systems. Council members also questioned the Chamber of Greater Springfield’s motivation for asking local government leaders to move forward with the consolidation. RELATED...
Ohio lawmaker criticizes efforts to remove Confederate monuments
Ohio lawmaker criticizes efforts to remove Confederate monuments

Even as Republicans like John Kasich, Rob Portman and Mike Turner call on President Donald Trump to clearly denounce white supremacists, state Rep. Candice Keller, R-Middletown, took to Facebook this week to criticize efforts to remove Confederate monuments. “There is a statue of Bill Clinton in Arkansas. A man who obviously glorified adultery...
CNN criticized for labeling white supremacist Richard Spencer a ‘white rights activist’ in headline
CNN criticized for labeling white supremacist Richard Spencer a ‘white rights activist’ in headline

A headline on the website cnn.com this morning called white nationalist Richard Spencer a ‘white rights activist’, wording that led to criticism across social media. Spencer, who has referred to himself as a “white supremacist,” was scheduled to speak at the University of Florida. The university cited safety concerns and canceled...
Zuckerberg vows to remove violent threats from Facebook 
Zuckerberg vows to remove violent threats from Facebook 

Facebook chief executive Mark Zuckerberg took to his social network Wednesday to condemn white supremacists and pledged to remove violent threats and posts celebrating hate crimes.   "The last few days have been hard to process," Zuckerberg wrote on his Facebook page Wednesday evening, days after a white supremacist rally in Charlottesville...
Clark County commissioners approve store rezoning despite objections
Clark County commissioners approve store rezoning despite objections

Clark County commissioners approved Wednesday a rezoning for a proposed retail store in Bethel Twp., despite multiple objections from upset residents who live nearby — including some who asked voters to remember the decision at the polls. The rezoning for a proposed two-acre Dollar General store at 5550 W. National Road was approved by a 2-1...
More Stories