PATA History Pages

Zoning Issue off Ballot

Sucessful Block Executed

BERLIN TOWNSHIP ZONING ISSUE OFF BALLOT
Published: Saturday, September 4, 2004
NEWS 04B
THE COLUMBUS DISPATCH
DELAWARE, Ohio -- Elections officials voted yesterday to remove a previously approved referendum from the November ballot.

The elections board made the decision during an emergency meeting called to discuss a written protest filed earlier this week against the issue.


Last month, board members certified petitions seeking to reverse the Berlin Township trustees' approval of rezoning for the planned Estates at Sherman Lakes subdivision.

Backers of the initiative opposed the developers' plans for a 1 1/2 -acre boat-storage area.

After consulting with the county prosecutor, the board found the petitions filed by former Berlin Township Trustee Dennis Fisher had a "fatal flaw.'' A township resolution number and title were missing from the documents, making them invalid.

Three out of four board members approved a motion to remove the referendum from the ballot.

Fisher said he was disappointed to learn voters won't decide the matter. "I respect the board's decision,'' he said. "They did what they had to do.''

Board member David Staley abstained from voting. "I have very strong reservations about this,'' he said.

Although the petitions adequately explained the zoning change being challenged, the law allows no room for an exception in this case, board member Jeff Burkam said.

"We don't like to take things off the ballot,'' he said. "There are technicalities that are fatal, and this is one of them.''

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The Columbus Dispatch