HARRISON, Ohio — Residents of the city of Harrison have filed a lawsuit, claiming a portion of land called "The Pit" is being used for illegal dumping and mining.
Residents claim that portion of land near Cincinnati West Airport is being used for illegal dumping and mining. The property is near a school and homes.
Bradley and Cheryl Noes say it has been a long-time problem that has been ignored by city leaders for years.
"Prior to buying our home, city council, the zoning department and the gravel company all confirmed the former gravel operations were complete and would no longer be a pit," Bradley Noes said during Harrison's planning commission meeting Thursday.
The Noes said in their lawsuit that the property is zoned for only clean, quiet, commercial and light industrial operations, but it is being used for an "illegal dumping…and mining operation."
The city is now attempting to amend the zoning, which has sparked questions from residents.
"The original owners, when they did the restoration plan, said it would be a park for the city, and this is definitely not a park," Harrison Judy told the city planning commission.
Residents like the Noes claim the ongoing work on the property has created noise problems at all hours of the day and night.
In video shared with WCPO by Mr. Noes, you can hear what sounds like repeated "banging".
You can watch that video and learn more about the lawsuit in the player below:
"There have been fires that have burned for four weeks in The Pit, mulch has also caught fire," Bradley Noes said.
The Noes and others now want the courts to ensure the city is actually enforcing its zoning ordinance as written.
An attorney for the Noes told WCPO in a statement, in part, "Instead of doubling down on its mistakes, city council should do the right thing…"
The city of Harrison told WCPO in a statement: "The zoning overlay would essentially clarify what restrictions and specifics would be permitted within the land as it heads toward development. It would not change the zoning. Original zoning on the site was mineral extraction as a quarry, e-1, and was changed to m-1 restricted industrial in 2001. The overlay will further define that the process of reclamation can continue during a reclamation phase as the city works in conjunction along with the property owners, on a process to make the site what is deemed 'shovel-ready' for development. The process is in compliance and collaboration with the EPA, ODNR and Hamilton County Department of Health."
On Tuesday, April 8, the planning commission will vote to make a recommendation to the Harrison City Council for approval on whether the additional clarification through the zoning overlay will take place.
