By Susan Vela
The Cincinnati Enquirer

BATAVIA - The city of Loveland and a group of residents clashed Tuesday in a Clermont County courtroom, where both sides sought to sway Common Pleas Judge William Walker over the matter of referendum petitions.

Loveland resident David Miller filed a writ of mandamus against the city in September, demanding that administrators accept petitions opposing a controversial zoning amendment. His efforts are being supported by Voice of the Electorate (or VOTE) - whose members number more than 50.

They want council members to revoke a July decision to approve a zoning amendment that will allow developers to build a 16-acre commercial development on the historic White Pillars property along Ohio 48.

The city claims that VOTE members did not follow Ohio law when they passed out referendum petitions.

In the courtroom on Tuesday, City Solicitor Franklin Klaine said the petitions should have included a copy of the amendment certified by the council clerk.

VOTE's attorney Robert Newman said the group did nothing wrong when it submitted petitions with a copy of the amendment that was certified by Paul Elliott, one of the group's leaders, before a notary public.

Judge Walker said he would decide whether to grant the city's motion to dismiss the case within two weeks.

While the court battle continues, the Loveland continues to work with Hines-Griffin Joint Venture and Parrott & Strawser, the development team that is purchasing 75 acres of the 85-acre White Pillars property for $3.4 million.

They will develop the land into 85 single-family homes valued at $450,000 each, 70 town houses worth $225,000 each and a $15 million, 16-acre commercial development by 2011.

The city will maintain ownership of the colonial-style homestead and 10 surrounding acres. A special five-member committee will form to decide how to best use the architectural gem, which dates back to the early 1800s. Developers have agreed to spend $225,000 for renovations.

At a Tuesday session, council members set a Nov. 19 public hearing so residents can provide input on the purchase agreement being proposed between the city and developers. That session will begin at 7 p.m. in Loveland City Hall, 120 W. Loveland Ave.

The city paid $2.7 million for the White Pillars property in 1996 but administrators never saw their hopes realized of it becoming a commercial park. Now, the city aims to use $2.3 million of the developers' money to retire the lingering debt. The remaining $1.1 million will go toward economic development, road improvements and new equipment purchases.

E-mail svela@enquirer.com