The county had argued Huber Heights’ 20-year wastewater treatment services contract with the city of Fairborn, which the city entered into in 2022 as part of its east sewer main extension project, violated a similar set of contracts between Clark County and Huber Heights.
Buc-ee’s said last month that the lawsuit delayed construction, though it was unclear if this would push back the anticipated opening date of late 2025. Huber Heights said construction was also delayed as AES Ohio relocated sewer lines and rerouted electric lines.
City officials said this week the AES work is expected to wrap up in the near future, allowing construction of Buc-ee’s to begin again.
A spokesman for Buc-ee’s did not immediately respond Wednesday to a request for comment about when the company anticipates the work to resume.
Clark County Administrator Jenny Hutchinson said the new Huber Heights administration reached out a few months ago seeking to reach an agreement outside of the court system. The two governments worked together, agreeing to dismiss the county’s lawsuit, add some additional parcels of land to the agreement and release some properties for sewer services to be provided by the city of Fairborn.
Commissioners approved the new agreement during a Wednesday meeting. Huber Heights council passed the legislation Monday.
Through this agreement, which is effective from Dec. 11 through Dec. 31, 2035, Clark County will provide water and sewer services to the proposed Buc-ee’s site.
Hutchinson said Clark County has agreed to pump 25,000 more gallons of water per day to the area, at a total of around 100,000 gallons, to better accommodate the planned 74,000 square-foot facility.
The county will continue to provide water and sewer services to nearby parcels as outlined in the 1988 and 1995 agreements.
The 2024 agreement dictates Clark County will now provide only water service to a section of land southwest of the I-70/Ohio 235 interchange.
According to Huber Heights Mayor Jeff Gore, the city still has an agreement with Fairborn, which permits all new development south of I-70, along Route 4, to be serviced by Fairborn.
When the 10-year agreement with Clark County expires, Huber Heights will provide water service to the Buc-ee’s site and Old Dominion areas, and will utilize Fairborn’s wastewater treatment plant on Route 4.
Gore on Monday said the city’s new administration was instrumental in resolving the lawsuit with Clark County, with recently-appointed Assistant City Manager/City Planner Aaron Sorrell leading the charge alongside City Manager John Russell.
“I believe that we have the best executive team now than any other city in the region,” Gore said. “The things that are happening in the city at that level only reinforce that there is nobody better working any place else than right here.”
Hutchinson echoed these sentiments Wednesday.
“For us, the positive thing is that with this new administration, it has opened up the doors of communication and we can continue the partnership that we had before the whole lawsuit,” Hutchinson said. “We’re excited about that possibility.”
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