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BIA LOSES AGAIN

Pickerington's growth limits upheld

DEVELOPERS' LAWSUIT

Judge backs Pickerington housing limit

Friday, May 21, 2004

Kirk D . Richards

THE COLUMBUS DISPATCH



A judge has , dismissing developers' arguments that the ordinances are unconstitutional.

The decision, delivered late Wednesday by Franklin County Common Pleas Judge John A. Connor, means Pickerington can continue to restrict housing to two units per acre and limit building permits to 100 a year while the city creates a growth-management plan.

"It's a great day for communities all over Ohio (that are) getting all these homes burgeoning all over the place," said Maribeth Deavers, an attorney representing Pickerington in the case.

"All of these communities are trying to balance development with growth."

John Mahoney, deputy director of the Ohio Municipal League, agreed.

"A few outer-ring suburban communities, it'll help bolster their ability to manage growth," Mahoney said, noting that fewer than 100 of the 900 municipalities in Ohio experience the rapid growth seen in Pickerington.

"You've got to give local governments the power to offer people the quality of life that they came to expect."

The developers, however, immediately informed Connor they will file a motion for him to reconsider his ruling. Connor has scheduled a hearing for that on June 7.

Connor also still is considering developers' arguments that the ordinances damaged them financially. That trial is scheduled to begin in September.

Charles R. Saxbe, an attorney representing the developers, said the parties are trying to reach a settlement.

"It's far from over," he said.

But Deavers said she doubts the judge will change his mind.

"The judge had reams of paper to look through in this case," she said.

"There's nothing out there that's not known."

Supporters of the limits link the crush of traffic and the crowded schools to the growing population. Thus, proponents of the anti-growth legislation want to slow the pace of new homes.

The two-units-per-acre standard came about after residents circulated an initiative petition, which got on the ballot and was approved by voters in November 2002.

The City Council approved a measure to dole out 100 building permits a year through a lottery.

That limit would be lifted if developers were to create a community authority that would charge new homeowners extra taxes to pay for roads, schools and other amenities required to handle growth.

Mark Landes, another attorney representing Pickerington, said the ruling affirms that cities have the right to manage growth.

"I don't blame the builders for wanting to build," Landes said yesterday. "The builders want to make money."

The Building Industry Association of Central Ohio filed the suit against Pickerington in November and was joined in the complaint by several developers, including Dominion Homes, Foxboro Communities, Homewood, Maronda Homes, M/I Homes, Rockford Homes and William Fannin Builders.

The plaintiffs said the ordinances illegally curtailed their ability to build on land where they had invested hundreds of thousands of dollars.

The developers unsuccessfully argued before the court that the ordinances lacked a rational basis, as required by state law, and were too vague for residents to understand.

"It was a lot to fight against," Landes said.

"Pickerington was very concerned."

krichards@dispatch.com

BIA lawsuit

The Columbus Dispatch