Fight over resort zoning moves to appeals court
Kingston Township residents hope to get issue on fall ballot
Wednesday, September 10, 2003
Tom Sheehan
THE COLUMBUS DISPATCH
NEWARK, Ohio ?— A proposed housing development in eastern Delaware County took center stage yesterday before the 5 th District Court of Appeals, which will decide whether voters may consider zoning for the project on the November ballot.
Kingston Township trustees approved a zoning plan last year for the proposed golf-course community covering 1,700 acres. The 1,400-home NorthStar development spans the boundary of Kingston and Berkshire townships.
The court case involves only the Kingston portion, about half of the project.
A three-judge panel of the appeals court met in the Licking County Courthouse yesterday and listened as lawyers debated the case for nearly an hour.
Delaware County Prosecutor David Yost told the judges that voters have a right to decide their township?’s future.
''This is a huge development,'' Yost said. ''It is going to dramatically change the entire nature of this township.''
An attorney representing NorthStar developer Robert Weiler disagreed that voters should have a say.
In November 2001 the township adopted a zoning code that includes requirements for socalled planned unit developments such as NorthStar.
Because all criteria are set forth in that code and apply to the entire township, lawyer Jill Tangeman said, trustee decisions to allow a planned unit development are administrative and therefore not eligible for challenge by referendum.
''The township has specifically identified the property that may be subject to PUD regulations,'' she said. ''This is an administrative act, not a rezoning.''
Appeals Court Judge W. Scott Gwin called the matter ''a difficult emerging area of the law.'' The panel will act as soon as possible on the issue, he said.
NorthStar has been involved in legal disputes for more than two years.
The latest snag emerged earlier this year when some Kingston residents submitted a petition to the Delaware County Board of Elections to place a referendum on the ballot challenging the trustees?’ zoning decision.
The residents oppose North-Star in part because in order to conserve at least 50 percent of the overall acreage for shared space and farmland, the developers want to shrink individual home sites.
After the Delaware County Board of Elections voted to allow the referendum, Weiler?’s attorneys went to court. In April, a visiting judge in Delaware County upheld the decision. Weiler then appealed to the 5 th District.
April Sanchez, an attorney for residents supporting the referendum, said after yesterday?’s hearing that she is optimistic.
Tangeman noted the Nov. 4 election is two months away.
''The court is aware it?’s an election matter,'' she said outside the courtroom. ''I assume they will resolve the issue before then.''
tsheehan@dispatch.com
http://www.dispatch.com/news-story.php?story=dispatch/2003/09/10/20030910-C4-00.html
Kingston Township residents hope to get issue on fall ballot
Wednesday, September 10, 2003
Tom Sheehan
THE COLUMBUS DISPATCH
NEWARK, Ohio ?— A proposed housing development in eastern Delaware County took center stage yesterday before the 5 th District Court of Appeals, which will decide whether voters may consider zoning for the project on the November ballot.
Kingston Township trustees approved a zoning plan last year for the proposed golf-course community covering 1,700 acres. The 1,400-home NorthStar development spans the boundary of Kingston and Berkshire townships.
The court case involves only the Kingston portion, about half of the project.
A three-judge panel of the appeals court met in the Licking County Courthouse yesterday and listened as lawyers debated the case for nearly an hour.
Delaware County Prosecutor David Yost told the judges that voters have a right to decide their township?’s future.
''This is a huge development,'' Yost said. ''It is going to dramatically change the entire nature of this township.''
An attorney representing NorthStar developer Robert Weiler disagreed that voters should have a say.
In November 2001 the township adopted a zoning code that includes requirements for socalled planned unit developments such as NorthStar.
Because all criteria are set forth in that code and apply to the entire township, lawyer Jill Tangeman said, trustee decisions to allow a planned unit development are administrative and therefore not eligible for challenge by referendum.
''The township has specifically identified the property that may be subject to PUD regulations,'' she said. ''This is an administrative act, not a rezoning.''
Appeals Court Judge W. Scott Gwin called the matter ''a difficult emerging area of the law.'' The panel will act as soon as possible on the issue, he said.
NorthStar has been involved in legal disputes for more than two years.
The latest snag emerged earlier this year when some Kingston residents submitted a petition to the Delaware County Board of Elections to place a referendum on the ballot challenging the trustees?’ zoning decision.
The residents oppose North-Star in part because in order to conserve at least 50 percent of the overall acreage for shared space and farmland, the developers want to shrink individual home sites.
After the Delaware County Board of Elections voted to allow the referendum, Weiler?’s attorneys went to court. In April, a visiting judge in Delaware County upheld the decision. Weiler then appealed to the 5 th District.
April Sanchez, an attorney for residents supporting the referendum, said after yesterday?’s hearing that she is optimistic.
Tangeman noted the Nov. 4 election is two months away.
''The court is aware it?’s an election matter,'' she said outside the courtroom. ''I assume they will resolve the issue before then.''
tsheehan@dispatch.com
http://www.dispatch.com/news-story.php?story=dispatch/2003/09/10/20030910-C4-00.html
