By Patrick Crowley
The Cincinnati Enquirer

FORT THOMAS - The developer of a spurned hillside subdivision project has filed a lawsuit against the city planning commission.

Grand Communities, a limited partnership formed by Crestview Hills-based Fischer Development, says in the lawsuit that the Fort Thomas Planning Commission made an "unreasonable, arbitrary and capricious and therefore unconstitutional" decision when it denied plans for a 107-home subdivision on Jan. 21.

The commission used "vague, ambiguous and in some cases internally conflicting" city guidelines regarding hillside development in denying the 48-acre project, according to a copy of the lawsuit filed in Campbell Circuit Court.

Fischer is also challenging the commission's authority in ruling on the project because it is an "independent planning unit," and according to state law, the county planning commission must make zoning decisions.

Fort Thomas City Administrator Jeff Earlywine said because the issue involves litigation, the city could not comment.

But city officials were taken aback by the lawsuit, because Fischer is set to appear before the planning commission March 17 to present a revised version of the original plan.

The new plan calls for construction of 117 homes along Chesapeake Avenue near Woodlawn and Newport. The plan is larger, even though the commission told Fischer to scale the project back after it was originally denied.

Fischer lawyer Kevin Ray Feazell of Cors & Bassett in Cincinnati said while the company was "disappointed" with the planning commission's denial, it is willing to negotiate a settlement.

"We are hoping to resolve the outstanding issues with a revised plan that has been submitted," Feazell said.

Woodlawn resident Terry Rasche, whose property abuts the development site, said the company is "playing hardball" with the city.

"This lawsuit is an attempt to put undue pressure and undue influence on the city," said Rasche, one of the project's leading opponents. "What Fischer is saying is, 'Pass this or get sued.' That's not right."

E-mail pcrowley@enquirer.com