Court upholds prohibiting concrete crushing
By Jeff Gallatin
Published Jan. 26, 2005
After a several
year battle, an 8th District Court of Appeals ruling has upheld
a court decree prohibiting Great Lakes Crushing from operating a
concrete crushing business on its Sprague Road property.
In a Jan. 20
entry, the court upheld a March 24, 2004, Common Pleas Court ruling
that Great Lakes Crushing was not a legal nonconforming use of the
property and that it was subject to Olmsted Falls zoning. It also
affirmed that the Olmsted Falls zoning ordinance prohibiting the
commercial concrete crushing was constitutional. It also reinstituted
the injunction sought by the city that prohibits Great Lakes from
conducting the crushing operation on the property.
The court did
reverse a portion of the appeals court ruling and ruled that Great
Lakes could appear before the Olmsted Falls Municipal Planning Commission
and seek a conditional use permit to operate a crushing operation
on the property.
Law Director Paul T. Murphy said Monday city officials are pleased.
happy because this has been going on for almost seven years and
it prohibits the crushing on the property," Murphy said.
a member of the Great Lakes Crushing Board, cited the returning
of the application to the planning commission as evidence that the
company was not off base in its efforts.
is that it goes back to the planning commission because that group
did not handle it properly," Belich said.
did note that the court ruling prohibits Great Lakes from operating
the crushing operation.
he had not talked to other officials yet to see if the conditional
use petition would be reconsidered in that form by the planning
commission or if the Great Lakes petitioners would modify it in
he did not know if he would be going before the planning commission.
Blomquist said he was pleased with the ruling and that the city
council and city's decision that prohibited the operation had been
upheld. Blomquist also said numerous complaints from residents about
the operation had been received during the several-year dispute.
since the court ruling reinstitutes the injunction prohibiting Great
Lakes from doing any crushing on the property, the city will strictly
enforce city ordinances and the court ruling.
earlier court cases, Great Lakes officials had contended that since
the stockpiling and crushing of concrete had gone on at the property
since 1957, when the property was owned by Westview Concrete, the
crushing was a lawful non-conforming use because it pre-dated Olmsted
Falls zoning ordinances.
common pleas court ruling noted that a 1953 Westview Village ordinance
prohibited the use proposed by Great Lakes as well pre-dating Westview
Concrete by four years. The village merged with Olmsted Falls in