![]() ![]() The township filed a complaint and requested the court to issue an injunction that would prohibit continued operation of the winery. In 2008, however, the township changed its opinion and notified the Sperrys that they were in violation of the township zoning resolution. The zoning inspector advised that the family could begin operations immediately because the township did not require any permits. Customers visit the winery to taste and purchase the wine and food items.īefore opening in 2005, the Sperry family asked the township zoning inspector if the township required any permits for the winery. They make and bottle the wine on the premises. The Sperry family uses their grapes for wine, and must also import grapes and grape juices for their wine production–5% of their wine derives from their grape vines. A free standing addition serves as the winery, and the property also has a vineyard containing 20 grape vines, with 12 vines producing grapes for harvest. Myrddin Winery is a family owned business located on Lake Milton in Milton Township, on property that also contains a residence. The court of common pleas and the majority on the appeals court agreed with the township, but a strong dissent by Court of Appeals Judge DeGenaro challenges the courts’ rulings and illustrates the need for clarity in Ohio’s rural zoning laws. Milton Township claims that the winery violates township zoning regulations because it is located in a residential zoning district and does not qualify for the “agricultural exemption” from local zoning. In a split decision, the Seventh Distict Court of Appeals has ruled in favor of a township in Mahoning County that wants to close down a small winery. Court says winery must grow more grapes to be defined as “agriculture.”
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