PATA History Pages

Fairfied County Judge Throws Out Roshon Farm Rezoning

Citizen Efforts Meet With Sucess...more litigation on the way

FAIRFIELD COUNTY JUDGE REJECTS PLAN FOR HOUSES ON FARM COUPLE'S LAND
Published: Thursday, June 2, 2005
NEWS 05C
By Mary Beth Lane
THE COLUMBUS DISPATCH
LANCASTER, Ohio -- A judge has blocked a proposed housing development between Pickerington and Baltimore in northern Fairfield County.

Critics of the plan are pleased, but an attorney for Richard and Dorothy Roshon, retired farmers trying to sell their land to a developer, said the couple probably will appeal.


Common Pleas Judge Chris A. Martin ruled Tuesday that the proposed Roshon Estates was "null and void'' because Liberty Township trustees approved it improperly. The Roshons could return to the township's zoning commission to start over, Martin wrote.

The Roshons planned to sell 100 acres at Stoudertown Road and Heimberger Lane in northwestern Liberty Township. Local officials have approved rezoning the land from agricultural-residential to planned-unit development.

Township trustees voted 2-1 in May 2004 on a plan for 200 homes, revising the original plan for 134 homes and 84 condominiums. But Martin ruled in August that state law requires a unanimous vote in such cases, when a proposal is substantively changed from one approved by the township's zoning commission.

In Tuesday's ruling, Martin wrote that the original plan "ceased to exist'' when trustees amended the proposal. Martin rejected arguments by Lancaster attorney Steven A. Davis, who said the original plan was approved automatically when the second, amended plan failed for lack of a unanimous vote.

Members of Ohioans for Responsible Rural Development were pleased. The group is also on the local November ballot with a referendum challenging the development of nearby land owned by John Nicodemus. That proposal calls for 141 homes on 76 acres.

Opponents said the developments are high density and will increase taxes for schools, police and fire services, roads and other government services.

mlane@dispatch.com

Roshon Development update

The Columbus Dispatch