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A & B REFUSE DISPOSERS, INC. v. RAVENNA TWP. ED. OF TRUSTEES

No. 91-1099.

64 Ohio St.3d 385 (1992)

A & B REFUSE DISPOSERS, INC., APPELLANT, v. BOARD OF RAVENNA TOWNSHIP TRUSTEES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 19, 1992.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Michael G. Long, David W. Hardymon, William C. Heer III and Thomas J. Sicuro, for appellant.

David W. Norris, Prosecuting Attorney, and Kent M. Graham, for appellees.

Robert D. Horowitz, Prosecuting Attorney, and David A. Thorley, urging affirmance for amicus curiae, Ohio Prosecuting Attorneys' Association.

Emens, Hurd, Kegler & Ritter and William J. Brown, urging affirmance for amicus curiae, Mid-American Waste Systems, Inc.

Szolosi & Fitch, Michael R. Szolosi and Kimberly A. Rye, urging remand for amicus curiae, National Solid Waste Management Association.

MELVIN L. RESNICK, J.

The precise issue in this case is whether the definition of a "public utility," as expressed in case law, is applicable to appellant's landfill operation for the purpose of exemption from township zoning restrictions.

Former R.C. 519.211 expressly exempts public utilities from township zoning regulation and land use controls. R.C. Chapter 519 does not, however, provide a definition of the...

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