Tuesday, October 05, 1999
Warren wins utilities dispute
It can serve Deerfield's NW section
BY KEVIN ALDRIDGE
The Cincinnati Enquirer
DEERFIELD TOWNSHIP — If residents in the northwest portion of the township want water and sewer service, they'll have to get it from the county.
Warren County Common Pleas Judge Neal Bronson denied Deerfield Township's re quest to form a water and sewer district around 43 acres in its northwest quadrant.
Judge Bronson ruled Friday that allowing Deerfield to form the district would create an unnecessary duplication of services. He concluded that the area would be better served by Warren County utilities, which are more efficient than what the township had proposed.
“A duplicative effort between competing districts would detract from rather than enhance the goal of improvement of the public health, safe ty, convenience and welfare,” said Judge Bronson, who based his decision on testimony from a final hearing on Aug. 26. “Approval of the proposed plan would not be a necessity, but rather a redundancy.”
Township trustees wanted to form a water and sewer district around a 43-acre parcel on Mason Road, known as the Black Raven Farm. It's the site of a proposed housing development that would have56 upscale lots.
Warren County commissioners and Mason leaders had opposed the district, saying it was unnecessary because they were both willing to service the area. Mason leaders filed for an injunction from the court to block the district, while commissioners passed a resolution in July opposing it.
Township officials, who spent close to $60,000 petitioning for the district, were disappointed.
“We thought we presented a real clear case as to why (the district) was necessary,” said Tom Raga, trustee president. “It was my opinion that we set the district up in a way that was nonthreatening to the county by giving them first right of refusal on whether to provide water service to the area. We only wanted to be a provider of last resort.”
Trustees said commissioners should reimburse the township for the money it spent on the endeavor. When several residents talked to county officials last summer about providing water and sewer service, county commissioners did not think it was worth building a pump station for what they thought at the time was only seven lots.
“The commissioners waited until we took the necessary action to provide this service to our residents, and then they changed their minds,” said Trustee Larry Backus. “I would hope the county would never put us in that position again, because if they do next time they are going to get sued.”
Ken Schneider, Mason's law director, said it is the city's hope that at some point Mason can provide service to the area.But the property owners would first have to annex to Mason.
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