German Township Trustees held a meeting August 27 to hire outside counsel to support the Board of Zoning Appeals (BZA) in the SRM gravel pit decision.
See Gravel Pit Operator Wins Lawsuit for Expansion in German Township and Permit Issued for Expanded German Township Gravel Pit.
After a discussion where Trustees Jake Stubbs and James Rowland considered and then rejected hiring the firm they used in their initial legal proceedings with SRM, they voted to hire Brosius, Johnson and Griggs (BJG Law).
Trustee Lou Potter was not in attendance at this special meeting. Previous counsel was Katherine Barbiere of Schroeder, Maundress, Barbiere & Powers.
Before retaining Brosius, Johnson and Griggs, Trustees will write a letter to Montgomery County Prosecutor Mat Heck for approval to hire outside counsel. Under Ohio law, the county prosecuting attorney serves as the legal advisor for all township officers, boards, and commissions.
BJG Law comes recommended by the Ohio Township Association (OTA) and has been a frequent speaker at the OTA Winter Conference.
Trustee Jake Stubbs said that outside counsel was necessary to “ensure every document is done right and we can avoid litigation down the road.”
The legal bills will be paid by the Township. The previous litigation was covered by insurance, but consulting outside legal counsel is not covered, Trustees said at the meeting.
Board of Zoning Appeals
The German Township Board of Zoning Appeals will meet October 13 to set parameters for the operation of the gravel pit. Due to the results of the Ohio Supreme Court decision in February, the BZA is not permitted to deny the application, but they may set conditions.
Map of land included in permit application, provided by ODNR at the August German Township Trustees Meeting
At the meeting, Trustees said they wanted the new firm to attend the meeting and provide a staff report to guide the BZA.
In a March 2024 decision, the German Township Board of Zoning Appeals denied SRM’s planned expansion on 32 acres zoned for agriculture. In the meeting, multiple residents testified in opposition, citing concerns about noise, dust, and significant damage to local roadways from heavy truck traffic.
Members of the German Township Board of Zoning Appeals include Valorie Hill, President; Rachel Albert, Vice President; Pete Lurker; Adam Blakely; Marty Cox; William Heistand and Aaron Willis.
Litigation Background
Tennessee-based SRM Materials (also known as Hollingshead) sued in the Montgomery County Court of Common Pleas to overturn the Zoning Board ruling. The court ruled in favor of German Township.
SRM appealed to the Montgomery County Appeals Court, which issued a ruling in favor of SRM and its planned land expansion on October 3, 2025.
German Township appealed this ruling to the Ohio Supreme Court, which denied jurisdiction in February 2026, ending the appeals process and granting the legal victory to SRM.
SRM paid Weidle Corp. $4.5 million for 42 acres in May 2023. This includes 31 acres off Farmington Road, two acres off Sugar Street and 12 acres off Butter Street.
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