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Published: Wednesday, June 05, 2019 @ 9:07 AM
By: Nick Blizzard - Staff Writer
A county court has ruled in a case of a wedding venue operator questioning whether Miami Twp. has jurisdiction over his farm in a zoning dispute.
Montgomery County Common Pleas Judge Timothy O’Connell’s decision sides the township, saying in this instance Stoney Hill Farm owner’s use of a barn is not covered under the state’s agritourism law, as Darren Powlette contends.
“The court finds that the evidence supports the determination that Powlette’s use of the barn” on the day he was cited “did not constitute agritourism, further, the evidence shows that the barn was not used” for purposes the Upper Miamisburg Road site’s owner stated earlier to gain township approval.
O’Connell’s ruling, dated May 30, came several months after Powlette filed an administrative appeal in county court to a township decision against him.
Last summer the township’s board of zoning appeals upheld a notice of violation local officials filed against Stoney Hill on May 8, 2018.
Township zoning officials said Stoney Hill was violating the declaration of intent approved months before. However, Powlette challenged the ruling, saying his use of the farm is exempted under the state’s agritourism law.
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