MIDDLETOWN — Following a decision by the Ohio 12th District Court of Appeals here Thursday, Oxford voters won't get the chance to decide a controversial subdivision plan that would affect Hester Road and connecting streets.

        In a rare emergency session, a three-judge panel of the court ruled that Oxford City Council's approval of subdivision plans was an administrative act, not a legislative one, and therefore not subject to a referendum that would put the issue on the November ballot. The court's decision was made just after noon Thursday, less than four hours before the Butler County elections board's deadline to place measures on the ballot.

        Ben Voth, a Hester Road resident and Miami University professor whose lawsuit resulted in the judges' ruling, said he was disappointed by the decision but added that the battle was worthwhile.

        Meanwhile, his lawyer, Robert Croskery of Mason, said he was exploring other options; opposing lawyers left the court without comment.

        Mr. Croskery had argued that the “hidden” effect of the North Ridge Subdivision plan would be to create a bypass to busy U.S. 27, routing traffic through a residential area.

        “This is a classic underdog battle. It's a few citizens trying to save the character of their community, going up against the vast resources of the city and the developers,” Mr. Croskery said.

        Mr. Voth and concerned residents had petitioned to put the plan on the ballot. In March, the Butler County elections board had certified sufficient signatures to do so, then sent those signatures to Oxford City Auditor Thomas Peterson. But by Aug. 7, Mr. Peterson refused to certify the signatures, saying that city council's action was administrative and not subject to referendum.

        Although the appeals court agreed with that argument, Mr. Voth took issue with Mr. Peterson taking so long to announce his refusal to certify the issue.

        As a result, Mr. Voth said, “They (the city) had months to prepare a strategy against us. We had mere days. Still, at least we got our day in court.”

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