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Atwater Twp. v. Demczyk
Citations: 596 N.E.2d 498; 72 Ohio App. 3d 763; 1991 Ohio App. LEXIS 870Docket: No. 89-P-2141.
Court: Ohio Court of Appeals; March 3, 1991; Ohio; State Appellate Court
Victor and Rebecca Demczyk own a farm in Atwater Township, Ohio, where they have bred and trained horses for fifteen years. Their property is zoned R-1 (residential). In August 1989, they contracted Beaver Excavating Co. to excavate a lake and build a training track for horses. Before starting, they submitted plans to Gordon Weber, chairman of the Atwater Township Zoning Board of Appeals, who determined that the construction fell under "agricultural uses" and was exempt from zoning regulations. The Demczyks began excavation, with soil being removed and sold by Beaver as fill dirt, which would reduce their contract costs. On September 13, 1989, the Atwater Township Trustees filed a complaint seeking to enjoin the excavation, claiming it violated zoning regulations due to the lack of a conditional use permit. A hearing on a preliminary injunction was consolidated with a trial before Judge George E. Martin. On November 8, 1989, the court denied the injunction and dismissed the complaint, ruling that the construction was incidental to agricultural purposes and exempt under R.C. 519.21. The court found that the Trustees failed to demonstrate a substantial likelihood of success on the merits or that any harm outweighed the Demczyks' harm if the injunction were granted. The Trustees appealed, asserting that the trial court’s decision was against the manifest weight of the evidence and contrary to law, claiming the excavation constituted illegal mining. However, they acknowledged that the lake's future use for horses was permissible. The court maintained that there was competent evidence supporting its judgment, reaffirming that it would not be reversed on appeal without clear evidence to the contrary. 1. The Demczyks own a property in Atwater Township, Ohio, zoned R-1, where they have engaged in breeding, raising, and training horses for approximately 15 years, qualifying as agricultural use under Ohio law. 2. On August 30, 1989, they entered an agreement with Beaver Excavating Co. to construct a lake and track on their farm for equestrian purposes. 3. Beaver is not extracting or storing sand or gravel within 60 feet of any adjacent lot line. 4. The construction of the lake and track is deemed incidental to the agricultural activities and is exempt from obtaining a zoning certificate under R.C. Section 519.21. 5. The court found that the plaintiffs did not demonstrate a substantial likelihood of success on the merits, nor did they prove that any harm they suffered outweighed the potential harm to the defendants if their claim was dismissed. 6. No credible evidence was presented to suggest a zoning violation or that the Demczyks were engaged in mining operations; instead, evidence supported their agricultural activities. 7. The trial court’s findings were upheld, and the judgment was affirmed, with both judges concurring.