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Lawsuit Settlement Final Goes to Judge

Complete with $$ to Developer Fannin :(

COUNCIL REACHES DEAL WITH BUILDERS
Pickerington ends fight over density of housing
Published: Wednesday, February 16, 2005
NEWS 01B
By Kirk D. Richards
THE COLUMBUS DISPATCH
Facing expensive legal fees, the Pickerington City Council last night agreed to settle a lawsuit from builders by exempting some developments from density restrictions.

In return, the Building Industry Association will drop the suit and agree to not bring back the claims against the city.


"I'm glad to get it off our plates,'' Councilman Ted Hackworth said. "It's taken a lot of resources, a lot of effort.''

Supporters said the settlement was best to avoid legal fees and the possibility of losing the suit, which could have resulted in millions of tax dollars being awarded to the developers.

"No matter who would've won, it'd would've gone to the appellate court, and then possibly the Supreme Court,'' Councilman Brian Wisniewski said. "We can spend thousands of dollars to make lawyers rich or we get on with this.''

All six ordinances passed, mostly on a 5-0 vote. Councilman Doug Parker was absent for the meeting, and Councilman Michael Sabatino abstained on all the ordinances.

Sabatino and Councilman William Wright, who abstained twice, voiced concern about one part of the agreement that requires the city to buy about 7 acres of land from William Fannin Builders for $250,000. Officials said the land likely will be used as a park.

But Sabatino and Wright said they have been unable to determine whether the builders had designated the acreage as a public park. If that's the case, Wright said, it would be unnecessary for the city to buy the land to prevent it from having homes built on it.

"I am concerned that this purchase of property is not really a purchase of property'' but simply a concession to developers, Wright said.

City Manager Judy Gilleland was unaware whether the land was designated as a park.

Despite their concerns, Sabatino and Wright both agreed that a settlement was good to avoid a trial. The case will be over as soon as Franklin County Common Pleas Judge John A. Connor approves the agreement.

Builders who had contracts in place in 2002 when an ordinance restricted housing to two units per acre will be given the green light to build homes at previously approved densities until July 31, 2006. Voters had approved the restriction.

In addition, the life of building permits will be extended for developers who said that a one-year moratorium on housing permits, which expired in August, had curtailed their ability to develop land where they had invested hundreds of thousands of dollars.

"The moratorium was just a temporary stop for us to take a breather,'' Council President Heidi Riggs said last night, advocating the settlement. "It's an opportunity for us to move forward and have positive conversations with the BIA.''

The city has approved 1,502 lots for single-family housing and 453 lots for higher-density housing such as condominiums, Hackworth said.

krichards@dispatch.com

Council Approves Settlement

The Columbus Dispatch