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Zoning Bulletin October 10, 2012 I Volume 6 I Issue 19 Use ubject to '"°egulation—Private sanitary landfill's request for rezoning is denied Landfill owner then argues landfill is a public utility exempt from local zoning regulation Citation: Rumpke Sanitary Landfill, Inc. v. Colerain Twp., 2012-Ohio-3914, 2012 WL 3848391 (Ohio 2012) OHIO (09/05/12)—This case addressed the issue of whether a private sanitary landfill is a public utility that is exempt from local zoning regulations pursuant to state law. The Background/Facts: Rumpke Sanitary Landfill, Inc. ("Rumpke") oper- ated a sanitary landfill in Colerain Township in Hamilton County, Ohio (the "Township"). In March 2006, Rumpke applied to change the existing zoning of its property so that it could expand its landfill. The Hamilton County Regional Planning Commission recommended the rezoning requested by Rumpke. However, the Township's Zoning Commission recommended that the Township Board of Trustees (hereinafter, the Township and the Township Board of Trustees are collectively referred to as the "Township") deny the proposed rezoning. Following public hearings, the Township denied Rumpke's application. Rumpke then filed a legal complaint against the Township. Among other things, Rumpke asked the court to declare that Rumpke's private sanitary landfill was a "public utility" exempt from zoning under Ohio statutory law, R.C. 519.211. That statute sets forth limitations on zoning powers. It exempts from local zoning restrictions, public utilities, "whether publicly or privately owned," or the use of land by any public utility, for the operation of its business. The statute does not define "public utility." Finding there were no material issues of fact in dispute, and deciding the matter on the law alone, the trial court granted summary judgment in favor of Rumpke. It held that Rumpke's sanitary landfill was a "public utility, not subject to the zoning restrictions of [the Township]." The Township appealed. And, the First District Court of Appeals also declared that Rumpke was a public utility for the purposes of R.C. 519.211. The Township again appealed. DECISION: Judgment of court of appeals reversed. The Supreme Court of Ohio held that "a private sanitary landfill is not a public utility and is therefore subject to township zoning regulations." More specifically, the court held that "a privately owned sanitary landfill cannot be a common-law public utility exempt from township zoning when there is no public regulation or oversight of its rates and charges, no statutory or regula- tory requirement that all solid waste delivered to the landfill be accepted for disposal, and no right of the public to demand and receive its services." In so holding, since R.C. 519.211 did not define "public utility," the court ©2012 Thomson Reuters 5