Good Neighbor Campaigns / Rumpke Landfill

Colerain Twp. says no deal in Rumpke suit

The meeting was quick, and the vote was unanimous: no settlement of the Rumpke expansion lawsuit. (Photo: Jennie Key/The Community Press )

The meeting was quick, and the vote was unanimous: no settlement of the Rumpke expansion lawsuit. (Photo: Jennie Key/The Community Press )

COLERAIN TOWNSHIP — “Colerain Township trustees took less than a minute to vote not to settle the lawsuit filed by the Rumpke Sanitary Landfill in 2006 over the expansion of the landfill.

The proposed settlement would have allowed Rumpke to expand its landfill operations by about 300 acres and would have resulted in payments of close to $2.5 million annually in payments and tipping fees to the township.

The township gathered input from residents via more than 500 emails and voice mails. The township also met with community groups to talk about the possible settlement and conducted a public hearing July 21 to hear what residents had to say.

Rumpke filed suit against Colerain Township after the township rejected its 2006 plan to expand by about 300 acres to the east of its landfill location, effectively doubling the size of the landfill.

Rumpke officials took that decision to court. The waste company claimed the landfill was a public utility and as such, was exempt from the control of township zoning. The second challenge claimed the township’s current zoning of light industrial and residential does not allow them a viable economic use for their property, and is therefore unconstitutional.

The Ohio Supreme Court ruled against Rumpke on the public utility question, but the case over the constitutionality of the township’s zoning is still proceeding and is set for trial Sept. 22 in the Hamilton County Common Pleas Court.”

— Jennie Key, Cincinnati.com

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