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BIA Loses Round One

From the Columbus Dispatch

Lawsuit over Pickerington’s rules on housing going to trial
Thursday, March 25, 2004
Kirk D . Richards
THE COLUMBUS DISPATCH

Builders upset with two Pickerington regulations that affect housing will have to prove in a trial that the ordinances are unconstitutional.

Franklin County Common Pleas Judge John A. Connor has ruled against the developers’ plea to stop the city from enforcing ordinances that limit construction to two units per acre and require owners of new homes to pay extra taxes.

Instead, Connor decided on Tuesday that there are enough questions about the facts of the case to merit a trial.

The Building Industry Association, which filed suit against Pickerington in November, had hoped for a swift resolution to lessen loss of profits that builders say they already are experiencing in Pickerington.

The association and developers argue in the suit that the housing limits have illegally curtailed their ability to build on land where they have invested hundreds of thousands of dollars.

The court rejected the plea for summary judgment requested by developers who argued that the housing limits lacked a rational basis, as required by state law, and were too vague for common citizens to understand.

"I’m glad the judge ruled the way he did," said Councilman Ted Hackworth, elected to his first term in November on a platform of restrained growth. "At least it goes to trial, but at this point, I don’t know if that’s a good omen or a bad omen."

Elizabeth Stanton, an attorney representing the developers, expressed disappointment in the ruling yesterday but said she was pleased that the judge agreed to expedite the trial.

The builders are attacking a two-units-per-acre standard that Pickerington voters approved in November 2002 as one of three initiatives.

The lawsuit also challenges the ordinance approved by City Council that imposes a building limit unless developers establish a community authority, a special district that charges extra property taxes to owners of new homes.

The moratorium limits builders in town to 100 permits in a year.

In the suit, builders argue that the moratorium hurts their financial interests and that the city has failed to prove that population growth is overwhelming Pickerington’s ability to provide utilities and basic services.

The city argues that the rapid growth causes congested traffic, overcrowded schools and a strain on police and sewers.

A trial date has not been set.


krichards@dispatch.com

Court Rules in BIA Lawsuit Case

The Columbus Dispatch