Tuesday, December 21, 1999
Deerfield sues Mason over site for water tower
BY KEVIN ALDRIDGE
The Cincinnati Enquirer
DEERFIELD TWP. — The courts most likely will decide whether a six-acre parcel along Mason Road will have a water tower for Mason or a fire station and park for township residents.
Deerfield Township trustees on Thursday filed a lawsuit in Warren County Common Pleas Court against Mason and township resident Roger Hoskins to appropriate the land by eminent domain.
“It's unfortunate, but this looks like another issue that's going to be decided by the courts,” said Mason Mayor John McCurley. “It's just going to cost Mason taxpayers and township residents more money. It's senseless because we're going to end up getting the land anyway.”
Last week, Mason leaders bought six acres along Mason Road, formerly owned by Mr. Hoskins, for about $385,000. City officials had slated the land for a water tower as part of Mason's $5 million water supply expansion project.
The city's plans angered some neighboring township residents who complained a water tower would devalue their properties. They said putting the tower in the township made no sense, especially considering it would not serve township residents.
Deerfield trustees, in an effort to thwart construction of the water tower, passed a resolution a week ago announcing their intent to appropriate the site for a park and future fire station. The move was the first step in taking the land through eminent domain.
Under eminent domain a government body has the right to take private property for public use, but it must pay fair market value.
“Our attorneys seem to think we have a strong case, otherwise we wouldn't have taken this action,” said Trustee Larry Backus. “Contrary to what the city of Mason might believe, we don't believe in wasting taxpayers' money on legal fees for (public relations) pur poses.”
Mr. Backus said he wasn't surprised by Mason leaders' pledge to continue plans for the water tower, despite the township's claim to the land. However, he continued to question the city's motivation for seeking township land.
“Why isn't Mason looking for land in the city to build this thing?” Mr. Backus said. “They have plenty of land available. Why don't they devalue their own residents' property?
“This is nothing more than one of Mason's Pearl Harbor-style sneak attacks against the township,” he added. “The whole scenario stinks to high heaven.”
But Mason leaders contend there is nothing “sneaky” about their plans, which have been in the works for almost two years. In fact, city leaders say if anyone's motivations for wanting the land is in question; it's the township's.
“We are perplexed at the negative response received from the township on this matter, and curious as to when the township decided the Hoskins property was necessary for a fire station and a park,” said Mason City Manager Scot Lahrmer.
Mr. Lahrmer said a year ago the township bought 135 acres on Mason-Montgomery Road, about 3.5 miles from the Hoskins site, claiming it would be used for the same purpose.
“Deerfield Township showed no interest (in the land) until they learned the city of Mason was negotiating for a purchase,” he said.
Mason leaders maintain the Hoskins property was selected because it had a higher elevation than the other two sites the city was considering. Mr. Lahrmer said the significance of high land elevation is twofold: it cuts the cost of building the tower because it would not have to be built as tall, and placing the tower near the end of the city's distribution system saves pumping costs by reducing the demand on booster pumps.
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