Flooding concerns drive zoning battle back to court

Editor's note: Joseph Jones is a Register correspondent representing vermiliondaily.com. VERMILION TWP. — Concerns over flooding and drainage along Cherry Road took center stage during a recent court hearing in which Vermilion Township's zoning appeals board voted, 4-1, to revoke a zoning certificate of compliance issued to Robert and Jessica Dunn. The decision sends the long-running dispute back to the courts where the next hearing is expected in November. At the heart of the controversy is an Erie County-maintained culvert and whether fill placed on the Dunns' property is worsening drainage issues in the area. Erie County project engineer Matt Rogers testified that alterations to the land could restrict water flow, potentially increasing flood risk for neighboring properties. The appeal was brought forward by Erie County assistant prosecutor Charles Bennett, representing both the Vermilion Township trustees and the Erie County commissioners. Bennett argued that the compliance certificate should never have been issued because earlier court rulings, upheld by the Sixth District Court of Appeals and the Ohio Supreme Court, had already found the prior citation against the Dunns valid and enforceable. He warned that conflicting orders could undermine the court's authority and complicate ongoing drainage concerns. Representing the Dunns, property rights attorney Dennis O'Toole countered with extensive documentation, asserting that the property qualifies for an agricultural exemption under township zoning rules. His exhibits included agricultural building permits, enrollment in the Current Agricultural Use Valuation program, county auditor records and federal approvals — all of which intended to show that the land is used for legitimate farming purposes. O'Toole argued the township should not be allowed to challenge its own zoning administrator's decision. Board members cited the environmental and flooding concerns as key factors in their decision, noting the broader impact on Cherry Road residents and the need for a final legal resolution. The case is now expected to return to court in November.