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With Ohio wind projects under consideration, Indiana bat stops wind turbine development in West Virginia

The development of wind farms is a controversial land use issue in Ohio, as in other states.  Arguments abound on both sides and revolve around private property rights, community land use planning, green energy, preservation of open landscapes and wildlife impacts.  It is this last factor--impacts on wildlife--that convinced a federal court to halt a wind development project in the Appalachian mountains of West Virginia, much to the dismay of developers of the $300 million project.

On note defaults, compounded interest requires support

The Ohio Supreme Court this week addressed a relevant issue given our current economic climate: when a debtor defaults on a written instrument, and neither the instrument or Ohio law authorizes the compounding of interest, can the creditor obtain compound interest for the amount due?  The court's answer is no--unless there is an agreement between the parties that allows compounding of interest, or unless an Ohio statute specifically authorizes it.  With neither supporting authority in the agreement or an authorizing statute, the creditor may only receive simple interest on the debt, said th

Developing Ohio's Livestock Care Standards~Lessons from New Jersey?

The recent passage of Issue 2 in Ohio (see earlier posts) will eventually lead to the establishment of an Ohio Livestock Care Standards Board, which will have the responsibility to develop standards for the care and well-being of livestock.    While the process is new for Ohio, we're not the first state to develop farm animal care standards. 

Regulating Signs on Agricultural Property

Can Ohio townships use their zoning authority to regulate outdoor signs on agricultural property?  This is a question I've received many times.  I can now refer townships to legal guidance provided by the Ohio Attorney General in an opinion issued October 20, 2009 (OAG 2009-041).   The OAG opinion walks us through an analysis of the persistently problematic Ohio Revised Code section 519.21, commonly referred to as the 'agricultural zoning exemption,' which states that townships may not use their zoning authority "to prohibit the use of any land for agricultural purposes or the construction

Ohio township zoning based on county comprehensive plans: it's legal

If you heard a collective sigh of relief around Ohio on Thursday, it was likely coming from Ohio townships after learning the outcome of the long-awaited “Phantom Fireworks” court case.  The Ohio Supreme Court unanimously agreed that Ohio townships may rely on countywide comprehensive land use plans as a basis for township zoning, rather than preparing individual township comprehensive plans.    B.J. Alan Co. v. Congress Twp. Bd. of Zoning Appeals, Slip Opinion No. 2009-Ohio-5863 (Nov. 12, 2009).

The challenge of implementing Issue 2, Ohio's Livestock Care Standards Board

By a solid margin, Ohio voters on November 3 passed Issue 2, a constitutional amendment that establishes a Livestock Care Standards Board.   (See "Understanding Ohio's Issue 2" post on October 28).  The ballot issue was a forceful jab at the Humane Society of the United States, who had identified Ohio as its next target for new laws restricting certain livestock confinement practices.  Passing Issue 2 was an accomplishment for its proponents, and it has generated a good deal of discussion around the country about using Ohio's strategy as a model for other states.    But now a significant ch

Events

OSU Agricultural & Resource Law Program at Farm Science Review ~ September 17-19, 2013.  See http://fsr.osu.edu/. Ohio State Bar Association Agricultural Law Committee ~ fall meeting ~ date TBA in September, 2013. American Agricultural Law Association Annual Conference ~ October 31 -- November 2 in Madison, Wisconsin.  Information is available on the AALA website.

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