By Sheila McLaughlin
The Cincinnati Enquirer

LOVELAND - A Hamilton County magistrate threw out a taxpayer lawsuit Wednesday that challenged a zone change on the White Pillars property.

City officials said Magistrate Richard Bernat ruled that residents David Miller and Paul Elliott had filed the appeal too late and in the wrong county - it should have been filed in Clermont.

Miller said he was unsure about his next step because he has questions about the ruling. He's not sure whether it affects other issues, such as allegations that the city failed to make documents about the project public and constitutional issues on zoning. Bernat and his staff could not be reached.

City officials complained last week that the lawsuit had held up the sale, costing taxpayers more than $40,000 in interest and legal fees.

City Manager Fred Enderle said the city can't set a closing date until it knows whether Wednesday's ruling will bring more litigation.

Developers Hines-Griffin Joint Venture and Parrott & Strawser had planned to buy the land along Ohio 48 for $3.4 million to build 72 high-end single-family houses, 89 townhouses and a 16-acre commercial site.

The development is at the center of a second lawsuit, spearheaded by Miller and Elliott and a group they formed called Voice of the Electorate. That complaint is still pending on an appeal from Loveland challenging a Clermont County judge's decision that would force the city to go forward with a referendum that could reverse zoning at White Pillars.

E-mail smclaughlin@enquirer.com