Appointed judge back in dispute over septic business in Warren County

James Brogan, a retired appellate judge, is back on the lawsuit between residents in Franklin Twp. based on a ruling by the Warren County Rural Zoning Board of Appeals.
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James Brogan, a retired appellate judge, is back on the lawsuit between residents in Franklin Twp. based on a ruling by the Warren County Rural Zoning Board of Appeals.

A retired appellate judge is back on the case in the appeal of a septic-business ruling in a neighborhood dispute in Warren County.

James Brogan, appointed last year by the Ohio Supreme Court, was returned to the case on Tuesday.

Judge Timothy Tepe, who took office in January in Warren County, was scheduled to preside over the dispute between neighbors on Beal Road in Franklin Twp. and Septek Services, a business permitted to operate in the neighborhood by a decision by the Warren County Rural Zoning Board of Appeals.

In January, Tepe replaced Brogan, appointed by the state's high court after all the local judges and a magistrate recused themselves from the case brought by neighbors including former Warren County Common Pleas Court Judge Dan Fedders.

The change pushed back the court hearing on the administrative appeal, filed in May 2016 but delayed after local judges and a magistrate recused themselves from the proceedings.

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Brogan was scheduled to preside over a hearing on Monday on the appeal in court in Lebanon. On Tuesday, the hearing was still rescheduled for April 7.

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