Does Law Bar Township from Prohibiting Use of Land for Winery if 'Any Portion' Also Used For Growing Grapes?

Jenifer Terry, Zoning Insp., Milton Township v. Gayle K. Sperry et al., Case no. 2010-0810

7th District Court of Appeals (Mahoning County)

ISSUE: May a township zoning board prohibit the owner of a parcel of land from using it to operate a winery if "any portion" of the same parcel is also used for viticulture (i.e., for growing grapes to be used in winemaking)?

BACKGROUND: In 1995, Gayle Sperry purchased a vacant lot of roughly ¾ acre in size on Scenic Drive in a residential area of Milton Township in Mahoning County. After building a home on the property in which she still resides, Sperry erected a separate structure that she intended to use as a winery.