Court upholds development plans
By TAMARIA L. KULEMEKA
The Eagle-Gazette Staff
tkulemeka@nncogannett.com
LIBERTY TOWNSHIP - A controversial planned residential development in Liberty Township is back on track.
The Fifth District Court of Appeals overturned a decision by the Fairfield Common Pleas Court that put a stop to the proposed single-family development.
The ruling allows Richard and Dorothy Roshon to move forward with plans to sell their 102-acre farm to developers.
''We're pleased with the decision, and we're looking forward to the process continuing,'' said Steve Davis, an attorney for the Roshons.
The development features 240 single-family houses and condos on Heimberger Lane, near Refugee Road in Fairfield County.
The Roshons originally filed the 240-home development plan with the Liberty Township Zoning Commission in January 2004. They modified the approved development in May 2004.
Township trustees approved the changes in May 2004 by a vote of 2-1. The Roshons, at that time, wanted to make the development into a 200-unit development.
However in an August 2004 decision, Common Pleas Court Judge Chris Martin ruled it took a unanimous vote to change a major development.
With that decision, the Roshons' attorneys argued the decision on the original 240-home development should be allowed to go forward.
Christopher Hogan, representing Ohioans for Responsible Rural Development Inc., argued if the amended change was not approved, then the whole plan had to be thrown out.
Judge Martin agreed with Ohioans for Responsible Rural Development and ruled in June 2005 that because the change was not approved by a unanimous vote, the original plan to build 240 units also was null and void.
The appellate court's opinion filed Monday upheld the Roshons' 240-unit plan. The trustees had 20 days to approve, reject or change the zoning commission's recommendation, according to the court's opinion. The vote had to be unanimous to approve a modified plan.
Liberty Township trustees' vote was split.
The opinion was based on a 1967 decision by the Ohio Supreme Court.
Hogan, attorney for Ohioans for Responsible Rural Development, hadn't spoken to his client about their options as of Thursday afternoon.
The group could ask the state Supreme Court to review the matter, Hogan said.
''They don't have to take the appeal,'' he said. ''Usually the petitions to request review have to be filed within 15 days from the entry of judgment.''
Hogan said the appellate court's opinion ''certainly strikes a blow against voters' rights.''
''These are ordinary people with mortgages and kids in school so it's not easy for them to keep appealing a denial of their right to vote,'' Hogan said.
Originally published January 27, 2006
By TAMARIA L. KULEMEKA
The Eagle-Gazette Staff
tkulemeka@nncogannett.com
LIBERTY TOWNSHIP - A controversial planned residential development in Liberty Township is back on track.
The Fifth District Court of Appeals overturned a decision by the Fairfield Common Pleas Court that put a stop to the proposed single-family development.
The ruling allows Richard and Dorothy Roshon to move forward with plans to sell their 102-acre farm to developers.
''We're pleased with the decision, and we're looking forward to the process continuing,'' said Steve Davis, an attorney for the Roshons.
The development features 240 single-family houses and condos on Heimberger Lane, near Refugee Road in Fairfield County.
The Roshons originally filed the 240-home development plan with the Liberty Township Zoning Commission in January 2004. They modified the approved development in May 2004.
Township trustees approved the changes in May 2004 by a vote of 2-1. The Roshons, at that time, wanted to make the development into a 200-unit development.
However in an August 2004 decision, Common Pleas Court Judge Chris Martin ruled it took a unanimous vote to change a major development.
With that decision, the Roshons' attorneys argued the decision on the original 240-home development should be allowed to go forward.
Christopher Hogan, representing Ohioans for Responsible Rural Development Inc., argued if the amended change was not approved, then the whole plan had to be thrown out.
Judge Martin agreed with Ohioans for Responsible Rural Development and ruled in June 2005 that because the change was not approved by a unanimous vote, the original plan to build 240 units also was null and void.
The appellate court's opinion filed Monday upheld the Roshons' 240-unit plan. The trustees had 20 days to approve, reject or change the zoning commission's recommendation, according to the court's opinion. The vote had to be unanimous to approve a modified plan.
Liberty Township trustees' vote was split.
The opinion was based on a 1967 decision by the Ohio Supreme Court.
Hogan, attorney for Ohioans for Responsible Rural Development, hadn't spoken to his client about their options as of Thursday afternoon.
The group could ask the state Supreme Court to review the matter, Hogan said.
''They don't have to take the appeal,'' he said. ''Usually the petitions to request review have to be filed within 15 days from the entry of judgment.''
Hogan said the appellate court's opinion ''certainly strikes a blow against voters' rights.''
''These are ordinary people with mortgages and kids in school so it's not easy for them to keep appealing a denial of their right to vote,'' Hogan said.
Originally published January 27, 2006
