By Susan Vela
The Cincinnati Enquirer

BATAVIA - A Clermont County judge has refused to dismiss a case against the city of Loveland, giving resident David Miller greater hope that the city will one day accept referendum petitions to keep the White Pillars property free of commercial development.

In an opinion released two weeks ago, Common Pleas Judge William Walker said a special hearing at which both sides presented oral arguments proved that Mr. Miller could have a serious case and that his case should be allowed to proceed.

Mr. Miller "may be entitled to relief if (he) can prove a gross abuse of discretion," the judge said in his opinion. "Whether the Clerk of Council's refusal to accept the plaintiff's referendum petitions was a gross abuse of discretion cannot be determined on a motion to dismiss the complaint."

Mr. Miller is one of more than 50 Voice of the Electorate (VOTE) members. They have hired attorney Robert Newman to fight their cause.

They want city administrators to accept their referendum petitions, which have more than 800 signatures, and for council to revoke a controversial July approval of a zoning amendment that would allow developers to build a 16-acre commercial development on the historic White Pillars property, along Ohio 48.

City Solicitor Franklin Klaine has said that petitions should have included a copy of the zoning amendment certified by the council clerk. Mr. Newman, the VOTE attorney, has said that a VOTE member's notarized certification should have sufficed.

While the court battle continues, two development firms are moving forward with their plans to build homes, town houses and commercial space on 75 acres surrounding the colonial-style home once owned by Col. Thomas Paxton, Loveland's founder.

Last week, council members approved a purchase agreement that specified that Hines-Griffen Joint Venture and Parrott & Strawser would buy the 75 acres for $3.4 million.

E-mail svela@enquirer.com