The Ohio Supreme Court ruled against Rumpke Consolidated Companies Inc. in its effort to be considered a public utility so it could expand its landfill in Ohio’s Colerain Township with exemption from governmental zoning.
The Ohio Supreme Court said in its website summary that a private landfill is not a public utility if the landfill is not subject to public regulation of its rates and charges, is not obligated by law or regulation to accept all solid waste delivered to it for disposal, and the public does not have a right to demand and receive its services.
The unanimous court ruling reversed the decision by the First District Court of Appeals.
In 2006 the Cincinnati-based Rumpke sought expand its landfill by 206 acres, along with 59 acres of light industrial development and 85 acres of green space, the company said in a statement. After it failed to get the necessary new zoning from the township the company pursued litigation methods, including obtaining legal status as a public utility.
“Although, the Court’s ruling is not what we hoped for, it is by no means the end of this process,” the company said in its statement. “The public utility issue is only one of component of the case, and we will continue to pursue success through litigation.”