Skelton’s decision in the case of Miami Twp. Board of Trustees vs. Darren Powlette says “the court finds by clear and convincing evidence that the defendants have operated the barn located at 7757 Upper Miamisburg Road, Miami Township, for celebratory events in defiance of this court’s injunction.”
He went on to say in his ruling that “in fact, this court specifically finds Mr. Powlette disobeyed the court’s December 29, 2021, order and that the evidence demonstrates intentional disregard of the court’s order.”
Later on, Skelton said that “in certain respects, the court finds Mr. Powlette’s conduct reprehensible.”
“It appears to this court and the court specifically finds that the defendant Powlette engaged in some type of ‘game playing’ with the specific intent to ‘get around’ the court’s order,” he said. “Get around this: Sanction of Fifty Thousand Dollars payable within 30 days to plaintiff.”
Township Trustee President Terry Posey Jr. said the lien is “a routine part of enforcing the judgment of contempt against Mr. Powlette, which Mr. Powlette has appealed.” “The township intends to vigorously enforce its judgments in the action, and Mr. Powlette is entitled to exhaust his appeals,” Posey told this news outlet Friday.
Powlette said he’s not worried about the lien on his property.
“My attorneys ... said you have two choices: Either pay the $50,000 or, if they have the nerve to do it, they’ll file a lien on your property,” Powlette said. “I guess that’s what they did. I don’t really care because it going to appeals court and I expect to win in appeals court. I didn’t go against the judgment of the judge when he said don’t have weddings for a fee. I didn’t charge a fee, so I expect to win that and why waste $50,000 when I’m just gonna get it back anyway?”
Skelton’s December ruling against Powlette sided with township officials, saying Stoney Hill Farm’s activities at a former “horse barn” at 7757 Upper Miamisburg Road violate a section of the township’s zoning code “in that the use of the property for celebratory events, such as weddings, does not constitute ‘agri-tourism’ as defined in Ohio law.”
The ruling said Powlette and Stoney Hill Farm — are prohibited from renting, leasing or otherwise operating for a fee at the barn “for weddings, receptions, graduation parties, or other celebratory events.”
Powlette filed an appeal in the case earlier this year.
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