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Lake Milton winery appeals ruling to cease operation



Published: Tue, May 11, 2010 @ 7:49 p.m.

COLUMBUS — A Lake Milton winery has appealed to the Ohio Supreme Court a 7th District Court of Appeals ruling that the winery must cease operating in a lakefront residential neighborhood.

In a 2-1 decision in March, the appeals court upheld a ruling by Judge John M. Durkin of Mahoning County Common Pleas Court that barred Gayle K. Sperry from operating the Myrddin Winery at 3020 Scenic Drive in Milton Township.

Because its primary activities are processing, bottling and selling wine, and not grape cultivation, the appellate court ruled the winery couldn’t be classified legally as an agricultural enterprise that would be exempt from township-zoning regulations.

The winery, which claims it is entitled to an agricultural exemption from township-zoning regulations, said in its appeal that its dispute with the township-zoning office “raises a substantial constitutional question” and is of significant public interest.


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