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.
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.
“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.
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.
Brogan’s ruling, filed last week, followed a court hearing in April 7.
It was unclear if the residents would appeal the decision.