In State ex rel. Republic Servs. of Ohio v. Pike Twp. Bd. of Trustees, Case Nos. 2006CA00153 and 2006CA00172, 2007 Ohio 2086 (hereinafter "Republic 2007" ) the Court stated: "Appellee Republic Services of Ohio LLC (hereinafter 'Republic'), is the owner of certain real property in Pike Township, Stark County, Ohio, upon approximately 100 acres of which it operates a licensed sanitary landfill (Countywide Landfill). At the time, Republic acquired said property (1984), it was zoned R-1 and R2, and the landfill operated under a conditional use permit. In 1991, Pike Township Board of Trustees (hereinafter 'Pike') amended its zoning resolution to conditionally permit sanitary landfills in I-1 or I-2 districts only. At that time, Republic's operation was a prior non-conforming use. In 1996, Pike rezoned all of Republic's property (575 acres) to General I-2. In 2000, Pike amended its Zoning Resolution again, placing limits and restrictions on sanitary landfills. "in May 2004, Republic applied for an expansion of its conditionally permitted use to increase its operating size from one hundred (100) acres to two hundred fifty-eight (258) acres. The Pike Township Board of Zoning Appeals (hereinafter 'BZA'), after public hearing, denied Republic's application on July 14, 2004. In its findings of fact for so doing, the BZA stated that the evidence did not support certain portions of the Zoning Resolution. Four (4) of the six (6) portions cited were new provisions adopted in 2000. "Republic filed an appeal, upon law and fact, of the BZA's decision, pursuant to R.C. 2506, on August 10, 2004. That case, 2004-CV-02656, was assigned to Judge Lioi. On August 12, 2004, Republic filed a Complaint for Declaratory Judgment, Mandamus and Other Relief against Pike Township, the Pike Township Board of Trustees, and the Pike Township Zoning Inspector (hereinafter collectively 'Pike'). That Complaint, the underlying case at bar, 2004-CV-02705, was assigned to Judge Sinclair. The Complaint prayed for declaratory judgment that: Republic's use of the Property, including the Expansion Area, for the Countywide facility is a public utility and therefore exempt from the Township Zoning Resolution under Ohio Revised Code Section 519.211, and that no conditional use permit or other approval from the Township for such expansion is required; that the Township Zoning Resolution, including those provisions governing conditional use permits for solid waste disposal facilities, as applied to prevent the proposed expansion of the Countywide facility are arbitrary, capricious and unreasonable as applied to the Property and do not advance the health, safety or morals of the Township and, therefore, are unconstitutional, and that Republic is entitled to expand the Countywide facility; or, in the alternative; that the Township Zoning Resolution, including those provisions governing conditional use permits for solid waste disposal facilities, is preempted by Revised Code Section 3734.02 and rules promulgated thereunder to the extent it effectively excludes any new or additional landfills from the Township. "Republic also sought an order directing and requiring the Township Zoning Inspector to issue or cause to be issued any zoning certificates required for the expansion of the Countywide facility on the Property in the event the Court granted declaratory relief as described above. "Finally, Republic also sought a writ of mandamus compelling the Township to immediately commence appropriation proceedings to determine the amount of compensation due Republic for the permanent or temporary taking of the Expansion Area portion of the Property. "On September 13, 2004, Appellee Pike filed their Answer denying Republic's claims. "On September 28, 2004, after giving proper legal notice of a special meeting to discuss pending litigation with counsel, Pike and counsel did so in executive session. As a result of extensive negotiations between counsel for the parties, a settlement was reached and that settlement was approved in public session. "In the Spring of 2006, during discovery in this case, its was found that, unknown to Pike or its counsel, the doors to the Stark County Office Building are locked at 5:00 p.m. Pike did not return to public session until after 6:00 p.m. "On September 29, 2004, seven weeks after the action was commenced, the Court entered a Settlement Agreement/Consent Judgment, executed by both Republic and Pike, finding and declaring that the Township Zoning Resolution provisions governing the issuance of conditional use permits for solid waste disposal facilities to the Property that precluded its use for an expanded solid waste disposal facility 'are invalid as applied to the Property,' and that Republic 'is entitled to expand its facility to its full capacity of 258 acres' (Settlement Agreement/Consent Judgment, P1); ordering the zoning inspector to issue a zoning certificate for that expansion (Id., P2); ordering Republic to contribute an amount that could exceed $ 10,000,000, depending on the level of participation by the federal government, for the construction of a ramp and alternate roadway intended to redirect traffic to and from the Property (Id., PP3-4); limiting the hours of operation for the facility (Id., P6); noting that Republic's claims for damages against the Township were withdrawn (Id., P7); and declaring that the Settlement Agreement/Consent Judgment "resolves all remaining claims by ... Republic against the Township." (Id.). The Court retained jurisdiction to enforce the terms of the Settlement Agreement/Consent Judgment (Id., P9), and the parties expressly waived their appeal rights. (Id., P10). "Nine days after the Settlement Agreement/Consent Judgment was entered, on October 8, 2004, Appellant asked the Court to vacate the Settlement Agreement/Consent Judgment and to permit him to intervene in the action as a party defendant/respondent." Republic 2007, supra, PP 3-12.