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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Wednesday, May 19, 1999

Land battle may land in court


Wisdom of annexation in question

BY KEVIN ALDRIDGE
The Cincinnati Enquirer

        DEERFIELD TOWNSHIP — The debate over Mason's attempt to annex 102 acres from Deerfield Township is intensifying, even as both sides prepare to battle in court.

        A Warren County court last week granted the township an injunction temporarily blocking Mason from annexing a chunk of land owned by the Mason Board of Education. A trial date has been set for 8:30 a.m. Sept. 2 to review the matter before Common Pleas Judge P. Daniel Fedders.

        The parcel, known as the Batsche farm, is on the east side of Mason-Montgomery Road between Bethany and Brewer roads. The Mason Board of Education plans to build a school there.

        Mason officials see the fight as a waste of taxpayers' money, but the township is defending its actions.

        “Deerfield Township residents, especially, should be outraged,” Mason Mayor Betty Davis said. “This is an exercise in futility at a high cost to both Mason and Deerfield taxpayers.”

        But Trustees President Tom Raga said the township has “no intention of wasting taxpayers money. We would not take this case to an appeal if we didn't feel we had a strong case. We spent a long time evaluating and calculating the probabilities of success on this.”

Met the requirements
        Township officials are seeking to overturn a March 9 decision by Warren County commissioners to annex the property into Mason. Commissioners voted in favor of the annexation because it was supported by 100 percent of the property owners and met all Ohio's requirements for annexation.

        Trustees argue the land, which encompasses about 8 percent of Deerfield's northwest quadrant, is unreasonably large. They say its removal would be detrimental to the township's multimillion-dollar plans to bring parks and utilities to the area.

        The three-member board also maintains the annexation is premature and that the township can provide water and sewer services to the property that are equal to or better than Mason's.

        “We have not heard one word from anybody in the township who thinks this is a bad action,” Trustee Larry Backus said. “Deerfield has already invested almost $4 million in this area of the township. ... We have an investment to protect and sound monetary reasons to object to this unnecessary annexation.”

Reasoning questioned
        Mason City Manager Scot Lahrmer said trustees are clinging to false hopes.

        “We all know what the outcome of this appeal is going to be,” Mr. Lahrmer said. “It is a frivolous lawsuit and unfortunately it's going to cost tax payers in both communities a lot of money.”

        How much money?

        “I estimate the city will spend a minimum of $20,000 defending this appeal,” said Mr. Lahrmer. He noted the city spent more than $250,000 to defend six annexations from township appeals between April 1995 and October 1996.

        Township officials did not have cost estimates readily available Tuesday.

        “I don't think this is going to be too terribly expensive for the township,” Mr. Backus said. “But we have to challenge annexations when they don't make sense, and this one doesn't. Otherwise, we are laying down and letting the city run over us.”

       



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