Friday, September 03, 1999
Mason, Deerfield in court yet again
Two tangling over annexation
BY KEVIN ALDRIDGE
The Cincinnati Enquirer
LEBANON — Courts have not been friendly toward Deerfield Township when it comes to annexation.
But township trustees and their attorney entered the courtroom of Warren County Common Pleas Judge P. Daniel Fedders on Thursday with confidence.
“We believe that right will win out over wrong in this case,” township Trustee Bill Morand said. “We are basically defending the rights and privileges of Deerfield Township and its residents.”
In the second court battle with Mason in two weeks, trustees are trying to stop Mason from annexing 102 acres in Deerfield Township, owned by the Mason Board of Education.
School district officials say they are seeking the annexation because of Mason's water and sewer benefits.
Mason City Council was set to accept the 102 acres on May 9, after county commissioners approved the annexation. But trustees challenged the commissioners' decision.
Al Schrader, Deerfield's attorney, argued in court Thursday that commissioners erred by not considering the land — which encompasses about 8 percent of the township's northwest quadrant — unreasonably large for annexation.
He said its removal would harm the township's multimillion-dollar plans to bring parks and utilities to the area. Township Clerk Benjamin Dotson and Mr. Morand both testified in support of that argument.
“This annexation will affect how we are going to recoup our investment in the area,” Mr. Morand said, noting the township has spent $741,000 on sewer capacity and more than $200,000 on water.
“It could also affect future zoning in that area and the value of our property up there.”
But Mason Law Director Ken Schneider said revenue loss is not a substantial claim for denying the annexation, which is supported by 100 percent of the property owners involved.
“Preservation of the tax base and the lack of control of development are not legal interests held by the township,” Mr. Schneider said.
He noted the township tried to use a similar argument before the Ohio 12th District Court of Appeals in the Paramount's Kings Island annexation case three years ago — an argument the court found without merit.
Attorneys for Mason, Deerfield and the school board are expected to submit final arguments in writing before Sept. 30.
Judge Fedders is expected to begin deliberations Oct. 2.
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