Powlette, 50, pleaded not guilty in May to a misdemeanor criminal charge of the Upper Miamisburg Road venue violated a permitted use in an agriculturally zoned district.
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Powlette contends the township had no jurisdiction in the matter because his business is qualified to operate under the Ohio Revised Code’s agritourism guidelines. He appealed to the Miami Twp. Board of Zoning Appeals.
Last week the township BZA ruled the venues “activities do not satisfy the definition of agritourism under” the ORC. The township decision followed a July 9 hearing lasting more than three hours and involving testimony from Powlette, the township and about 10 individuals, most who whom opposed the business.
Powlette said he plans to appeal the BZA decision to Montgomery County court. Township officials said an appeal on the decision must be filed within 45 days of the hearing.
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The municipal court charge stems from an incident on April 19, according to court records.
A neighbor called authorities after he said members of a wedding party entered his property and petted his horses before his wife told them to leave.
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