The 12th District Court of Appeals has affirmed with one modification a lower court decision setting the conditions under which a Pilot Flying J travel center can be developed off Interstate 71, east of Lebanon.
The court, based in Middletown, agreed with Pilot that the Warren County Board of Commissioners lacked the authority to require the company to complete another traffic study for the project at the Ohio 123 exit in Turtlecreek Twp.
Otherwise the appeals court upheld the conditions set by the Judge Donald Oda II, affirming 22 of 24 conditions set by the commissioners, in the ruling issued Tuesday.
The appeals court also ruled Oda should have dismissed appeals filed by the commissioners and residents opposed to the Flying J plan in his November 2013 decision.
The appeals were filed after the county commissioners in February 2013 approved - with conditions - a plan by Tennessee-based Pilot Flying J for a $9 million truck stop and travel center at the interchange on Ohio 123 in Turtlecreek Twp., Warren County.
