Tonight the Vermilion Township Board of Zoning Appeals met to consider an appeal filed by Assistant Erie County Prosecutor Charles Bennett. The appeal challenges a zoning compliance decision made by Township Zoning Inspector Joe Baxter concerning the property of Robert and Jessica Dunn on Cherry Road. The dispute originated from a 2024 zoning citation alleging that the Dunns created mounds of dirt on the property without an approved stormwater use is broadly exempt from local zoning requirements, including those related to stormwater control. Bennett’s appeal contends that Baxter’s letter improperly reversed the earlier enforcement and disregards prior court rulings.
Scott J. Orille, law partner of Dennis O’Toole, appeared on behalf of the Dunns and submitted a motion to dismiss the appeal. Orille argued that the appeal was filed one day past the 20-day statutory deadline and that the Erie County Commissioners and the Vermilion Township Trustees lacked legal standing to file the appeal under Ohio Revised Code 519.15. He cited multiple court decisions supporting the claim that only township officers, not boards or outside entities, can appeal a zoning inspector’s determination.
Bennett said the filing delay was due to not receiving timely notice of Baxter’s decision, which was issued on May 16 but not received by his office until May 28. The appeal was filed on June 6. He maintained that the appeal was submitted in good faith and emphasized that his concern was not with the agricultural classification itself but with the compliance letter’s broader legal implications. Bennett stated that approximately 100 truckloads of dirt had been brought onto the Dunn property, allegedly filling in a culvert and obstructing a stream that crosses Cherry Road. He argued this obstruction contributed to flooding and interfered with a preliminary injunction already granted by the court.
He also told the board that he filed the appeal both on behalf of the township and as an aggrieved party due to his involvement in ongoing litigation involving the property. During the hearing, he said, “You better believe I filed my appeal on behalf of me,” citing the impact of Baxter’s action on the broader legal case. At one point, he told property owner Robert Dunn, “We’ll see you soon.” No direct confrontation occurred, but the remark highlighted tension between the parties, who have been involved in court proceedings since 2024.
All three Vermilion Township trustees, Kenn Baughman, Kurt Johnson, and Don Rowe Sr., spoke during the hearing. Baughman and Johnson said they would speak as an interested party if public safety was at risk, specifically regarding road flooding. Both noted that the road had not flooded recently but expressed concern about long-term maintenance of the drainage system. Rowe, however, questioned whether the appeal had been properly authorized, stating that he did not recall approving it. Meeting minutes from June 4, 2025, show the trustees voted unanimously to join the appeal as an “interested party.” It is unclear whether that vote occurred before or after the appeal was filed, raising unresolved questions about the timeline and authority behind the filing.
Zoning Inspector Joe Baxter also addressed the board, stating that his May 2025 compliance letter was based on a site visit and aerial images that confirmed agricultural activity on the property. He acknowledged he was aware of ongoing litigation involving the property at the time but said he was not fully informed of the details or scope of the case. Baxter explained that under Ohio law, agricultural uses are exempt from local zoning restrictions and said the property appeared to meet that standard. He indicated that he remained open to revisiting the matter if additional facts or engineering evidence were presented.
The Board of Zoning Appeals voted to table the matter until August 12, 2025, to give Bennett time to respond in writing to the motion to dismiss. The board also requested photographs, elevation data, and a report from the county engineer to assess whether the culvert and waterway had been restored to their condition prior to August 1, 2023, as required under a prior court order. Bennett and the county engineer are scheduled to visit the site at 8 a.m. tomorrow to begin that assessment.
This zoning dispute is one part of a broader legal conflict between the Dunn’s and township officials, involving long-running litigation related to annexation, drainage, and the township’s duty to maintain public infrastructure. A separate court hearing concerning a potential permanent injunction is scheduled for later this year.
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