Once the order was issued, Powlette had been required “to cease all work and use of the building/barn and Stoney Hill Farm as a place of public assembly and occupancy” until the order had been resolved or rescinded by the building fully complying with Ohio law, the Ohio Building Code, and any other applicable state or local laws or rules, according to the case.
Powlette’s failure to do so constitutes a public nuisance under Ohio law according to the case.
The court also found that the building Stoney Hill Farm was “constructed, erected, altered, manufactured, or repaired not in accordance” with the Ohio law and the Ohio Building Code. Melnick therefore ordered that the Stoney Hill Farm structure also constitutes a public nuisance under Ohio law1 addressing rules of the board of building standards.
It also prohibited Powlette and any other party from “any further use, maintenance, or operation” of the building as a place of public assembly or occupancy under Ohio law. until those standards are met. It also ordered all operations cease at the building and farm “as a place of public assembly or occupancy” until the court order has been fully resolved and removed,
That, the ruling said, prohibits “any events or situations involving members of the general public” including, but not limited to “weddings, rehearsal dinners, receptions, graduation parties, bed and breakfast, or any other event involving the public.”
Powlette also was ordered to pay the costs of the action.
In June 2022, the Montgomery County Prosecutor’s Office filed a complaint for an injunction on behalf of the county and its Building Regulations Division.
“We requested a court order enjoining the owner from continuing to operate the business out of a non-permitted building,” Montgomery County Prosecutor Mat Heck Jr. told this news outlet. “We also requested that the owner obey the Stop Work Order until this entire issue could be resolved.”
A trial was held on that injunction Aug. 28, Heck said.
Melnick’s ruling mentions that the only action Powlette took toward correcting any issues of non-compliance since the Adjudication Order was issued in June 2018 was submitting an application and construction documents for the building for review about a week before the Aug. 28 hearing, according to the ruling.
That application, according to the case, is in the process of being reviewed and has not been approved.
Learning of the Melnick’s decision via a call from this news outlet, Powlette said said “it was expected.”
He said his team is working to provide the county with extra documentation needed to get the building permit approved.
“For now, there are no more scheduled events at Stoney Hill Farm,” he said.
Heck said while no one, including Montgomery County, wants to shut down a lawful business, “a business cannot be allowed to operate in obvious and flagrant violation of a stop work order.”
“The stop work order was due to violations of the Ohio Building Code,” he said. “To allow this business to continue would be a complete disregard to life, safety, and could potentially put attendees of an event in that building in danger. We hope that the owner will now adhere to and follow the proper permitting process in order to operate his business in compliance with the law.”
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