Corporex zoning change fails

Wednesday, May 20, 1998

The Cincinnati Enquirer

BURLINGTON -- Boone County officials will almost certainly be embroiled in a court battle with Corporex Cos. over denial of a request by the company for a zoning amendment dealing with further development at the Circleport business park.

Despite a sometimes-impassioned plea from Corporex President Bill Butler, Boone County Fiscal Court on Tuesday denied a zoning change that would allow a 125-room Marriott Courtyard hotel, several retail structures and a combination gas station and fast-food restaurant to be added at Circleport I.

Among the reasons given for denial of the zoning change was Mr. Butler's refusal to build a connector road.

Mr. Butler, who claimed credit for the growth in the Mineola Pike - I-275 interchange area, was upset with the prospect of his company's having to complete the connector, Olympic Boulevard, through Circleport.

The road would connect the Circleport Drive and Olympic Boulevard intersection with the west property line of the development and open up property owned by the Gallenstein family for development. "This would force us to give them (the Gallensteins) access and a roadway, so they can compete with us as developers," Mr. Butler said. "This isn't Russia, or what Russia used to be."

Insisting that there was no agreement to complete and dedicate the road when Circleport was started in 1986, Mr. Butler said it was "inappropriate for fiscal court to force us into an adversarial relationship. We have to take this as a sign that you don't want us (Corporex) out here in Boone County any more."

He said the company's attorneys were prepared to take the case "all the way to the Supreme Court, if necessary."

The original request for a zoning change was unanimously recommended for denial by the Boone County Planning Commission. In making the motion to approve that denial Tuesday, Commissioner Shirley Meihaus said she was convinced that the county's actions were correct. County attorney Larry Crigler said he reviewed the entire request process and several court cases presented by Corporex attorneys, but said he did not think the Boone County issues were the same as the other cases.

Corporex attorney Lawson Walker said company officials had not decided on the next course of action.

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