Trustees vote to appeal ruling OK'ing landfill

Trustees said the company must follow the rules.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
HUBBARD -- A recent court ruling removed any zoning barriers to the opening of a landfill here, but township trustees want a second opinion.
Trustees voted unanimously Monday night to appeal a decision by Judge W. Wyatt McKay in Trumbull County Common Pleas Court to the 11th District Court of Appeals. The judge's ruling said the zoning at the Trans Rail America Inc. site here allows for construction demolition debris landfills.
Trustee Fred Hanley said the decision to appeal the ruling was based on information from Harrington, Hoppe and Mitchell of Youngstown, the law firm representing the township in issues concerning the landfill.
"We asked our attorneys to review Judge McKay's ruling, and we feel there are certain aspects of this ruling that can be appealed," he said.
Hanley, citing the need for more talks with attorneys, would not say exactly what those issues are.
Industrial or light?
Judge McKay said Trans Rail America's 243-acre property at 6415 Mount Everett Road is classified as industrial. The township had argued that the property is zoned "light industrial" and such a designation prohibits construction demolition debris landfills.
Judge McKay's ruling said the township adopted a comprehensive land use plan in October 2003 designating the Trans Rail property as light industrial. But Trans Rail had bought the property four months earlier.
The township notified Trans Rail, based in Maryland, in May 2004 that its zoning classification would not allow the operation of a construction demolition debris landfill, and the company filed suit in July 2004.
The ruling states that the court "wholly rejects the notion that [Hubbard Township] ever effectuated a rezoning of [Trans Rail's] property from its original industrial classification to light industrial."
The judge found the township's November 2003 revision of the township zoning map had no legal effect in changing the zoning classification of Trans Rail's property to light industrial.
Hanley said it is imperative that Trans Rail be made to follow established rules for zoning set forth by township leaders.
"We spent money on a comprehensive plan that has been in existence since 1999. We believe in zoning," he said. "Here we have an out-of-town landfill company that thinks they can bypass all the rules."
Hiring attorney
Trustees also unanimously voted to hire Attorney Peter Precario of Columbus at a rate of $175 per hour. He will represent the township in an appeals case before the Ohio Environmental Review Appeals Commission in Columbus, where Trans Rail is appealing a decision by the Trumbull County Health Department.
Trans Rail would need a permit from the county health department to operate the landfill, but the health department has sent Trans Rail's application back to the company two times for being incomplete. After the second time, on June 30, Trans Rail appealed the health department's actions.
The Ohio Environmental Review Appeals Commission will hear the matter Aug. 3.
jgoodwin@vindy.com