Judge rules in favor of company on Miami County mining site

Residents complained about noise, blasting; Barrett Paving Materials’ expansion plans now go back to zoning group for review

TROY — Barrett Paving Materials’ plan to expand a mineral extraction site in Union Twp. has a second chance, after a Miami County judge threw out the county Board of Zoning Appeals’ denial of the project.

Common Pleas Court Judge Stacy Wall’s decision means the case goes back to the BZA for further review.

Barrett received its first permit for mining at the 3640 S. Davis Road site in 1992 and a second for expansion in 2017.

The latest plan was for the company to lease property north of West Milton, mining 37 acres and leaving 23 acres as a buffer with a residential area; and surround the mining area with a 50-foot “sight and sound barrier,” according to court records.

County zoning staff recommended approval of a conditional use permit for Barrett in 2021, but the BZA denied that application when they met Nov. 18.

In that meeting, the BZA heard from company representatives and about 15 members of the public. Key points of opposition were blasting and its effects such as noise, vibration and alleged property damage; noisy trucks and traffic-related issues; and impact on neighborhood character.

The BZA denied the conditional use permit, saying it found the planned expansion posed a hazard and/or disturbance to the neighborhood and altered the area’s character.

That led Barrett to appeal in late 2021.

In Judge Wall’s new decision, she said the BZA violated Ohio law on conditional use permits. The judge rejected the BZA ruling based on a legal error, but did not consider whether that decision was supported by substantial, reliable and probative evidence. The board might be able to impose certain conditions on approval of the permit, the judge wrote.

The case was sent back to the board for further proceedings, including whether it will impose any conditions on the permit.

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