Rumpke Sanitary Landfill, Inc. v. Colerain Township, 2012 Ohio 3914

Colerain Township adopted zoning regulations and sought to regulate the landfill site under township zoning.
Rumpke Sanitary Landfill, Inc. operates a private sanitary landfill in Colerain Township.
Prior disputes involved zoning of adjacent property and a settled consent decree.
Rumpke sought declaratory judgment that it is a public utility under R.C. 519.211 to exempt from zoning.
The First District held Rumpke a public utility; the Ohio Supreme Court granted discretionary review.
The Court held that a privately owned sanitary landfill is not a public utility and is subject to township zoning.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is a private sanitary landfill exempt from township zoning?	Rumpke argued exemption under R.C. 519.211 framework.	Colerain Township argued no exemption applies to private landfills.	Not exempt; subject to township zoning.
Can a privately owned landfill be a public utility exempt from zoning when unregulated?	Rumpke contends private landfill can be a public utility.	Township contends lack of regulation precludes public-utility status.	Not a public utility; lacks public regulation and public-service/public-concern oversight.

Marano v. Gibbs, 45 Ohio St.3d 310 (1989) (public utilities status is mixed law and fact; factors of public service and public concern)
A & B Refuse Disposers, Inc. v. Ravenna Twp. Bd. of Trustees, 64 Ohio St.3d 385 (1992) (expanded public-utility factors; burden on business to prove public-utility status)
Symmes Twp. Bd. of Trustees v. Smyth, 87 Ohio St.3d 549 (2000) (exemption from township zoning for public utilities)
Campanelli v. AT&T Wireless Servs., Inc., 85 Ohio St.3d 103 (1999) (public-utility exemption context in zoning)
S. Ohio Power Co. v. Pub. Util. Comm., 110 Ohio St.246 (1924) (public service requirement and regulation factors for utility status)
Indus. Gas Co. v. Pub. Util. Comm., 135 Ohio St. 408 (1939) (monopolistic/public-concern framework for utility status)