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Appeals court rules Lake Milton winery must stop operations



Published: Tue, March 30, 2010 @ 12:01 a.m.

Staff report

YOUNGSTOWN

In a 2-1 decision, the 7th District Court of Appeals has upheld a trial judge’s order that a Lake Milton winery must cease operating in a lakefront residential neighborhood.

Appeals court Judges Gene Donofrio and Cheryl L. Waite ruled that Judge John M. Durkin, of Mahoning County Common Pleas Court, was correct in issuing a permanent injunction barring the Myrrdin Winery from operating at 3020 Scenic Drive in Milton Township.

Based on neighbors’ complaints about the winery’s traffic and retail activity in a residential area, Jenifer Terry, township zoning inspector, asked Judge Durkin to stop the winery from operating at that location.

Noting that 95 percent of the wine the winery sold was made from grapes grown elsewhere, Judge Durkin rejected the winery’s claim to being an agricultural enterprise that is exempt from township zoning regulations.

Winery operator Gayle K. Sperry appealed Judge Durkin’s ruling.

Because its primary activities are the processing, bottling and selling of wine and not grape cultivation, Myrrdin couldn’t legally be classified as an agricultural enterprise, Judges Donofrio and Waite ruled.

Appeals Judge Mary DeGenaro dissented, saying the township has no authority to regulate the winery because it “falls squarely into the zoning exception.” She added: “The winery is incident to the agricultural use of the land.”


Comments

1dd933(231 comments)posted 4 years, 6 months ago

The primary use of the property in a residential zone has to remain residential in order to even be allowed to have an accessory agricultural use. In this case it was more like the agriculture was "incident" to the winery....It seems that most of the produce used in this winery was bought elsewhere.

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2fishingwino(1 comment)posted 4 years, 6 months ago

Zoning isn't the issue. Most folks probably agree with sotired. Still - you might be surprised to learn that many townships have zoned "residential" neighborhoods where agriculture still has the right-of-way. Unless there is a specific resolution in your township bylaws, there's every chance a pig farm could open next-door to you. And the pig farmer has that right. So if you feel the pigfarm is "unfair" somehow, you should have read the township zoning before you bought property in the "residential" area.

Smash them with a bat? Very classy.

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3dagoat64(38 comments)posted 4 years, 6 months ago

Sotired, just like a real progressive, there are no jobs around so let's support attacking small businesses that are attempting to either provide self reliance for themselves or maybe even provide a job or two, because we all see those jobs pouring into the MV from Obama's stimulus Bill. By the way if no one has jobs, then no taxes can be retrieved, and the great health care promise will be defunct just like medicare is. Smash someone with a bat in the face, sounds so UAW.

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