By Sheila McLaughlin
The Cincinnati Enquirer

LOVELAND - Residents could vote as early as March whether to repeal spot zoning, after council dropped its effort to block a citizen referendum.

Following a 20-minute executive session, council voted 6-1 Tuesday night not to appeal the case to the Ohio Supreme Court.

Outgoing Mayor Donna Lajcak said council met three times on the issue, and "a council consensus does not exist to continue our further appeal to the Supreme Court." The decision was made despite a recommendation from the city's attorneys, she said.

"Our attorneys believe that such an appeal is justified and that it was not the intention of the legislature or the referendum laws that lay people can certify as to the validity of documents of the city," Lajcak said.

The issue came to a head in September 2002 after council refused to accept a referendum petition from the citizens group, Voice of the Electorate (VOTE), who were trying to quash a commercial development at the city-owned White Pillars historic site. The city changed the overall zoning code to allow the project. VOTE sued to push the referendum.

Loveland officials maintained the petition was faulty because an attached copy of the ordinance that allowed spot zoning was certified by one of the VOTE members, instead of the city clerk.

A Clermont County judge and the Ohio 12th District Court of Appeals sided with VOTE and ordered the city to accept the petitions.

Councilman Rob Weisgerber was the lone vote against Tuesday's decision. He favored going to the Supreme Court because he said the issue had ramifications for municipalities across the state.

Weisgerber also is against a March election because he fears a low voter turnout.

"If signatures and other information on the petitions are found to be valid, City Manager Fred Enderle said Loveland is obligated to put the issue before voters next spring.

Activist Dave Miller, who led the petition drive along with councilmen-elect Paul Elliott and Todd Osborne, was satisfied with the decision, but criticized the mayor for defending the city's fight to keep the issue off the ballot.

"They still insist they're right and we're wrong," he said.

E-mail smclaughlin@enquirer.com