ANGELS FOR ANIMALS Judge orders permit to build crematory

By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A court ruling has cleared the way for an area organization to build an animal crematory, but the decision will most likely be appealed.
Visiting Judge Charles J. Bannon of Mahoning County Common Pleas Court said the Beaver Township Board of Zoning Appeals was wrong when it denied Angels for Animals' application for a permit to build the crematory, and he ordered the permit to be approved.
Michele Swope, township zoning officer, said she hadn't seen the decision, but that "there will be discussions" about an appeal to the 7th District Court of Appeals.
Angels for Animals wants to build an animal crematory near its facility on West South Range Road. In June 2003, the township zoning board of appeals denied the group's application for a permit to build the facility, citing potential environmental concerns. Neighboring residents also had complained about possible smoke or odor from the facility.
Angels filed an appeal of the board's decision in common pleas court.
In a five-page written decision handed down Tuesday, Judge Bannon said the board's decision was "arbitrary and unreasonable," and should be overruled.
What's in ruling
The judge ruled that there was no proof of the environmental hazards and that Angels has met all its requirements under the law. He said the Ohio Environmental Protection Agency approved a permit for the facility in September 2002.
The judge also said evidence presented by Angels indicates that there is no history of problems with smoke odor or other complications at similar facilities in the state, including one in Struthers.
Angels officials or their attorney could not be reached to comment. They have said in the past that the crematory would be used to dispose of dead animals. The facility now disposes of dead animals by freezing their bodies and giving them to BFI waste collection at night.
bjackson@vindy.com