As used in sections 519.02 to 519.25 of the Revised Code, "agriculture" includes farming; ranching; algaculture meaning the farming of algae; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; and the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.
Notes of Decisions
Cited in 44
cases (9 in the last 5 years), 1955–2026 · leading case: Terry v. Sperry, 2011 Ohio 3364 (Ohio 2011).
Terry v. Sperry, 2011 Ohio 3364 (Ohio 2011). · cites it 6דThe court of appeals concluded that both R.C. 519.01 and R.C. 519.21(A) required that viticulture be the primary use of the property in order to qualify for the agriculture exemption from township zoning.”
Litchfield Twp. Bd. of Trs. v. Nimer, 2012 Ohio 5431 (Ohio Ct. App. 2012). · cites it 9דASSIGNMENT OF ERROR II THE TRIAL COURT ERRED IN GRANTING A PERMANENT INJUNCTION UPON THE LITCHFIELD PROPERTY WHERE DEFENDANTS/APPELLANTS MET THEIR BURDEN OF PROOF TO SHOW THAT THE USE OF THE LITCHFIELD PROPERTY WAS AGRICULTURAL UNDER R.C. 519.01 AND 519.21[.] 5 ¶10 In their…”
Velda J. Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405 (Tenn. 2013). “” Ohio Rev.Code Ann. § 519.01 (West 2012). Relying upon this definition, the Ohio Attorney General opined that a music festival conducted on land used for producing grapes and wine would qualify as "agriculture” so long as the festival occurred together with and was of lesser…”
Rumpke Waste, Inc. v. Henderson, 591 F. Supp. 521 (S.D. Ohio 1984). · cites it 2דthe uses of land for trade, industry, residence, recreation or other purposes in the unincorporated territory of such township. “Comprehensive plan” is not defined in this or any other subsection of the chapter governing township zoning.”
Ameigh v. Baycliffs Corp., 690 N.E.2d 872 (Ohio 1998). “24, which states: “In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used or any land is or is proposed to be used in violation of sections 519.01 to 519.99, inclusive, of the Revised Code, or of any…”
Kasper v. Coury, 555 N.E.2d 310 (Ohio 1990). · cites it 2דThe statute unequivocally provides that when a building or land use violates R.C. 519.01 to 519.99, proceedings may be commenced by the board of township trustees, the prosecuting attorney of the county, the zoning inspector or any adjacent or neighboring property owner…”
Wray v. Gahm Props., Ltd., 2018 Ohio 50 (Ohio Ct. App. 2018). “01 and R.C. 519.01 (the zoning statutes) and for guidance we should look to R.”
Wilkins v. Harrisburg, 2015 Ohio 5472 (Ohio Ct. App. 2015). “24 states: In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used or any land is or is proposed to be used in violation of sections 519.01 to 519.99, inclusive, of the Revised Code, or of any regulation…”
Holcomb v. Schlichter, 517 N.E.2d 1001 (Ohio Ct. App. 1986). · cites it 2דThat section permits a county prosecuting attorney to bring an action for injunctive relief based upon a violation of township zoning laws enacted pursuant to R.C. 519.01 to 519.99, inclusive. However, an examination of appellee’s complaint in the case sub judice discloses no…”
Blue Heron Nurseries, L.L.C. v. Funk, 930 N.E.2d 824 (Ohio Ct. App. 2010). “{¶ 7} Pursuant to R.C. 519.01, the term “agriculture” includes “farming; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the…”
Terry v. Sperry, 930 N.E.2d 846 (Ohio Ct. App. 2010). · cites it 15דThey also stipulated to numerous facts and agreed that there were two issues for the trial court to determine: (1) Are the winery activities an agricultural use of the property as defined by R.C. 519.01; and (2) Is the winery exempt from zoning regulation by Milton Township…”
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