Schable, et al. v. Troyan, et al., 2011 Ohio 2452 (Ohio Ct. App. 2011)

(conversion of 64-acre parcel in residentially-developed area to viticulture is an “agricultural activity” that is exempt from otherwise applicable zoning requirements; activity involved installation of several 250-gallon tanks, planting of three acres of grapes capable of producing 12 tons of grapes annually (15,000 bottles of wine); winery activities are an ag activity and court’s decision in Terry v. Sperry, 186 Ohio App.3d 798 (Ohio Ct. App. 2010) thus inapplicable; because ag activity involved, pavilion used for wine making and selling exempt from township zoning regulations and past use of pavilion immaterial; crush pad attached to winery also exempt from township zoning; bridge constructed to provide access to forested portion of lot entitled to variance from setback requirements – no detrimental impact on adjoining properties or on delivery of governmental services and owner unaware of setback requirement at time bridge built; concurring opinion noted that ag use occurred after residential development of surrounding property and could constitute a nuisance, but that issue was not before the court).