Friday, June 25, 1999
Would-be developer sues over rezoning
Trustees denied plan for acreage
BY KEVIN ALDRIDGE
The Cincinnati Enquirer
DEERFIELD TOWNSHIP — The owners of a 103-acre parcel on Bethany Road are suing township trustees who denied them rezoning to build 764 multifamily homes and a commercial shopping center on their land.
The lawsuit filed last week in Warren County Common Pleas Court by Hills Communities Inc., of Silverton, and Deerfield Township resident Janet D. Johnson, claims trustees denied the landowners the constitutional right to make a living.
Two weeks ago, trustees voted 3-0 to reject Hills' proposal to rezone 93 acres to multiple-family planned unit development and 10 acres to general business. Trustees were concerned about the development's 8.25 units per acre density and its nonconformity to the township's land use plan, which zones the area single-family residential.
Trustees said Thursday they could not discuss any specifics of a pending litigation. However, Trustee Larry Backus said he was surprised by the property owners' decision to sue.
“I think the township followed procedure to the letter on this particular proposal,” Mr. Backus said. “I'm not sure what they are trying to gain by this.”
About $25,000 and a reversal of trustees' decision, according to the lawsuit. A court date has not been set.
Joseph L. Trauth, Jr., the attorney representing the landowners, was unavailable for comment Thursday. The lawsuit claims Deerfield's single-family residential zoning for the area is unconstitutional and denies his clients the right to develop and enjoy their land.
The lawsuit calls existing zoning arbitrary and unreasonable.
Officials said the land is important to the township.
“... Our decision to not support the project was totally in sync with the land use plan for that area,” said Trustee Bill Morand. “I think it is important to maintain some consistency out there.”
Deerfield's northwest quadrant consists of more than 1,300 acres and is largely undeveloped. The land is bordered by the Heritage Club in Mason to the south and the Liberty Township's Four Bridges golf course community to the west. Last year, trustees purchased a 152-acre farm on Mason-Montgomery Road northeast of the proposed development and plan to convert it into a park. Nothing else has been planned for the area.
The township's high concentration of apartments and condos also factored into the trustees' rejection. An informal study recently conducted by Deerfield Township showed that about 35 percent of all residential housing units in the township are apartments. The national average is about 20 percent.
In 1998, Deerfield Township approved 448 single-family permits and 214 multiple-family permits. Through June, Deerfield has granted 255 single-family permits and 395 multiple-family permits.
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Would-be developer sues over rezoning
