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Sunday, April 21, 2002

Suburban petitioners to appeal development




By Jennifer Edwards jedwards@enquirer.com
The Cincinnati Enquirer

        LIBERTY TOWNSHIP — After the Ohio Secretary of State's Office Friday scrapped an upcoming referendum to halt two proposed businesses in this rapidly expanding suburb, opponents vowed Saturday to appeal the decision and take it to court, if necessary.

        Earlier this year, a group of neighbors objecting to two commercial developments slated for the intersection of Princeton Road and Ohio 747 won approval from the Butler County Board of Elections to hold a May 7 referendum.

        However, the neighbors did not submit maps of the area with the petitions when they filed them with the township late last year, as required by law.

        Calling that a “fatal error,” Secretary of State Ken Blackwell wrote in his five-page decision the election board “improperly” certified the petitions to the ballot in February. He ordered the board not to count the votes cast in the referendum or to certify the election results.

        “We are very disappointed,” said Bob Hoffman, who lives just south of the intersection and helped lead the petition effort. “It's an obstacle but we still believe our right to vote should not be obstructed by minor technical issues.”

        In March, the developers, Carlos Todd and Mark Sennet, raised several technical issues in a protest hearing before the elections board that ended in a tie vote so the issue went to Mr. Blackwell to break the tie.

        Any appeal now from residents likely will fail, Mr. Todd predicted Saturday. He has developed in Butler County since 1975 and won a similar case in 1992.

        “I would be surprised if there's a judge that would hear this case,” Mr. Todd said. “It's so clear and clean cut. I don't care if they want to spend $100,000 appealing it. Let them go ahead. I would welcome them to do so if they have money they want to throw away.”

        Mr. Todd plans to build a strip shopping center on 3 acres at the southwest corner of the intersection. Mr. Sennet envisions a United Dairy Farmers with gas pumps and a fast food restaurant, office building and strip shopping center on 10 acres at the northeast corner.

        A small business hub at the crossroads is consistent with county and township master plans.

        The residents have 30 days to appeal the decision but otherwise the businesses could begin construction immediately, Mr. Todd said.

        The developers and township officials have said a successful referendum could adversely affect Ohio 747 traffic for years. The developers will be required to pay for widening two-lane Princeton Road to allow for left turns onto Ohio 747 and into the businesses. Signal improvements also are required.

        The intersection has become a bottleneck as traffic from the Butler County Regional Highway increases and Liberty Township's population booms. Population soared 147 percent between 1990 and 2000 and now stands at about 25,000 resi dents.

        “We are going to be good neighbors and the residents will be proud of the developments,” Mr. Sennet said. “This will enhance property values.”

       



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