Friday, March 05, 1999
Deerfield land decision Tuesday
Dispute over annexation to Mason
BY KEVIN ALDRIDGE
The Cincinnati Enquirer
LEBANON — The fate of 102 acres in Deerfield Township is in limbo pending a decision March 9 on an annexation petition in Warren County.
Deerfield Township officials are fighting efforts by the Mason Board of Education to have land it owns on the east side of Mason-Montgomery Road annexed by Mason.
Warren County commis sioners sat through more than three hours of testimony Tuesday involving city and township officials, their lawyers, the district and its lawyer, about the ramifications of making the land part of Mason.
The commissioners, who have final say on all annexations, chose to delay their ruling for a week to review testimony and get a legal opinion from the prosecutor's office.
“I would expect the commissioners to release the land to the city of Mason,” City Manager Scot Lahrmer said. “The information presented at the public hearing clearly identified we've met all the legal requirements for this annexation.”
Mason and Deerfield have been locked in a bitter tug of war over tax-rich township property for more than a decade. Disputes over Mason's pursuit of annexations led to the dissolution of the Mason-Deerfield Joint Fire District and have brought distrust between the two governing bodies.
Since 1988, Mason has annexed more land than any other municipality in Warren County. Mason has attempted 47 annexations totaling more than 4,000 acres, according to Warren County records. Eighteen annexations from Deerfield Township have been 90 acres or more.
The district wants to annex the 97-acre Batsche farm to Mason so it can build a school on the property to accommodate a growing base of nearly 5,400 students. School leaders told commissioners Mason could provide water and sewer service to the property quicker than Deerfield Township.
“This board cannot put a bond issue before the voters (in November) unless they have certainty that utilities and other services are ready,” said William Ennis, attorney for the district. “They have that certainty with the city. The water and sewer are already there.”
However, township offi cials disputed that.
“The board merely assumed that no one else could provide water and sewer to the property,” said Al Schrader, attorney for Deerfield Township. “But the truth is, the city can't provide water to the property now any more than the township can.”
Mr. Schrader said Mason would not be capable of providing service to the area before September. Township officials told commissioners they could provide utilities within 12 months — well ahead of the district's target date of August 2001 for the school.
“We think we can provide the same, if not better, serv ices,” said Trustee Bill Morand. “Nothing would be served by annexing this property to Mason.”
But Richard Brahm, attorney for Mason, said the issue is property owners' rights, not the comparison of services.
He cited an Ohio Supreme Court ruling that said county commissioners are prohibited from denying annexations based solely on a comparison of services.
“This is not a question of whether the township can provide better or adequate services,” he said. “The real question is: Can the city provide the services, and do the property owners desire the services the city has to offer?
West side is Cincinnati's home of chiefs
Ex-police chief faked war record
Justin's birth mother misled us, co-workers say
Most on council won't campaign for mayor-reform plan
New mayor proposal
Public schools take new attitude
Teachers' union enlists public in opposing cuts
Radiation settlement delayed by one holdout
Chronic DUI driver Jodrey makes deal
Con man solicits money in name of missing girl
Honk if you spot a lost swan
Internet seduction case goes to juvenile court
Millennium Baby an iffy proposition
Nurse vacancy rates jump this year
Uganda rangers provided false image of safety
Lewinsky helps Ch. 9 win sweeps
Judge states case for journey to Paris
Life and death, every day
'Monica's Story' here: Nothing doing
Optometrist sentenced to 4 years for fondling
Police end digging in search for body
Pupils do Ky. proud on tests
Reports on jail death differ
Taft displays youth works
Taft unveils college tax break
Being fat not a disability, judge rules in officer's firing
Big companies spew few toxic wastes, chamber says
Buses for disabled will keep running
Deerfield land decision Tuesday
Handicapped dog goes to therapy school
Independence police just looking for a home
Lakota has training for new teacher substitutes
Museum eyes old post office
Park springs from an old water plant
School flexibility on spending backed
Teen gets adult court in school fire case
TRISTATE DIGEST
