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  Prosecutor’s Opinion Says Township Cannot Ban New Construction  
  July 18, 2019 Edition  
     According to an opinion written by Karen Markulin Gaglione, assistant Mahoning County prosecutor, township trustees have no authority to ban new construction in the township.
      “The Ohio General Assembly has not enacted enabling legislation to [ban new construction] either for townships or counties, who depend on an express delegation of power from the legislature to regulate land use,” Gaglione opined.
      The assistant prosecutor noted that Township Trustees had been asked by some residents if they could place a moratorium on construction due to flooding concerns.
      “ I understand that Boardman Township has had storm water management practices in palce to the 1980s,” Gaglione said, adding the township “is a member of the ABC Water District and has imposed a storm water utility fee to address storm water issues in the township.”
 
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