"The critical decision was made some time ago when the Board of Commissioners allowed more intensive conditional permitted uses, many of which are at least as intensive," James Brogan, appointed last year by the Ohio Supreme Court, said in his ruling in Warren County Common Pleas Court.
Still Roger Eckert, a lawyer and a spokesman for the neighborhood group, said he expected they would take the dispute to the next level.
“It would be my expectation that we would be appealing that decision,” said Eckert, a former Springboro law director who lives on Beal Road. “There are a lot of issues that are left unresolved.”
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Brogan ruled on an appeal brought last year by the homeowners of a decision by the Warren County Rural Zoning Board of Appeals permitting SepTek to operate under a conditional-use permit.
“Because of the real and legitimate concerns” of the residents, Brogan added, “the Zoning Inspector should vigorously enforce the conditions.”
The board of appeals set conditions, limiting the operation to five of 16 acres and barring the business from storing, treating or dumping “effluent, bio-solids and the like” on the property.
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The conditions also limit vehicles used in the business and require SepTek to plant at least 25 trees, half evergreen, and build a berm to buffer the neighbors.
Last week, Mike Yetter, the county zoning supervisor, said he had met with Scott and Laura DeHart about meeting the conditions, now that the court has ruled on the appeal.
The DeHarts also need a permit from the county engineer to access Beal Road with their trucks.
DeHarts applied for the special-use permit after neighbor complaints prompted the county to find him in violation of the area’s residential zoning.
However the commissioners approved conditional uses for home occupations in the unincorporated residential areas of Warren County covered by their rules.
East of Interstate 75 off Ohio 123, Beal Road is mostly lined with beautiful homes on large lots and served by septic systems.
In addition to Septek, a related business Henderson Turf Farm, is headquartered east of the homes. SepTek was set up by the DeHarts after the family business, AAA Wastewater was split between the brothers.
SepTek cleans tanks serving many properties in Warren County and the area. Much of the byproduct is treated nearby at AAA Wastewater, with fluids later injected into farm fields.
The residents, some who live behind the SepTek property, claim Septek trucks create noise around-the-clock as they drive along Beal Road, a narrow two-lane, and the long driveway leading to the Septek buildings on the same property as the Laura and Scott DeHart’s home.
Brogan was appointed by the state’s high court after all the local judges and a magistrate recused themselves from the case brought by neighbors, including former Warren County Common Pleas Court Judge Dan Fedders.
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Brogan’s ruling, filed last week, followed a court hearing in April 7.
He was appointed after the local common pleas judges, as well as a magistrate recused themselves to preside over the case.
The neighbors, who were expected to meet soon, have 30 days from the June 12 decision to appeal the decision.
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