A dispute over camping at the Mahoning Drive-in theater is headed to county court.

The Mahoning Township Board of Supervisors have appealed a recent decision by the township’s zoning hearing board over camping by theater guests.

In October, the zoning hearing board rejected the township’s claim that the theater is operating a campground without proper zoning approval.

The theater doesn’t dispute that some of its customers spend the night between shows, but they don’t believe that makes them a campground.

The theater is located in the township’s planned commercial zoning district. The township zoning ordinance only allows campgrounds in a different zoning district. It doesn’t define what a campground is.

Township zoning officer Carl Faust issued a notice of violation to the theater on June 27. Mahoning Drive-In Theater LLC, which leases and operates the theater property, appealed it to the zoning hearing board.

The zoners ruled 2-1 against the township and Faust.

During the board’s hearing, Faust testified that he believes that the theater meets the dictionary definition of a campground. He testified that he saw tents and a trailer set up on the property.

Virgil Cardamone, a partner in the LLC, testified that customers are allowed to stay overnight following a show if they purchase an overnight, multi-day movie pass. No other camping is allowed.

He said the theater does not allow RVs, campfires, or outside food. At all times a staff member is on site and portable restrooms are available.

The township argues in its lawsuit that the zoning hearing board should have upheld the zoning officer’s notice of violation. The lawsuit also says that the board refused to admit into evidence a video which supported the zoning officer’s findings.

The zoning hearing board was served with the lawsuit Dec. 17. The board has 30 days to respond in court.