Quarry owners want Judge Bruce Winters removed from case

PORT CLINTON — Owners of an Ottawa County quarry whose operations were shut down by court order have gone to the Ohio Supreme Court to try to get the judge removed from the case.Common Pleas Judge Bruce Winters issued a preliminary injunction on March 8, ending the depositing of spent lime from a Toledo water plant on the property of Rocky Ridge Quarry in Benton Township. The injunction stands until the case before Winters is resolved.Ottawa County Prosecutor VanEerten had sought the injunction, contending that the operation violates zoning laws. Residents near the quarry have alleged that the lime disposal threatens their water supplies.Rocky Ridge Development LLC, which says its operations are legal and no threat to the environment, contends the Ohio EPA has exclusive jurisdiction over the quarry's operations. Ohio EPA officials have allowed Rocky Ridge to dispose of spent lime on the grounds of the quarry and are considering an application to put spent lime in the quarry itself.On March 6, the day before Winters' hearing, Rocky Ridge Development filed a complaint before the Ohio Supreme Court to have Winters removed, on the grounds tthe Ohio EPA has exclusive jurisdiction.The Ohio Supreme Court declined to immediately remove Winters and allowed his injunction to stand in a March 14 ruling but issued an order indicating that it plans to decide the issue quickly.Winters filed a brief Friday arguing that he should be allowed to remain on the case. Winters contended that he has jurisdiction over the case "as a duly-elected and sitting judge" in Ottawa County, and that if he made a mistake by issuing his preliminary injunction, that can be dealt with by the ordinary appeals process.