Lawyers representing Epiphany filed a motion to dismiss Feb. 28 in the U.S. District Court for the Southern District of Ohio, Western Division at Dayton.
“For us this case is a large corporate interest attempting to intimidate and bully community members into silence,” the Rev. Julie Reuning-Scherer, who serves as Epiphany’s senior pastor, told this news outlet Wednesday.
Lawyers representing Bethany Village and Centerville filed separate motions to dismiss Monday.
The case moved Feb 28 to the federal court from Montgomery County Common Pleas Court, court documents show.
On Monday, Sheetz, Morse Road Development and Hemmert Far Hills made a motion to disqualify Attorney Mark Chilson from acting as counsel of record on behalf of Epiphany.
The plaintiffs, in the motion, said Chilson is a board member of Graceworks Lutheran Services’ Bethany Village and serves as Epiphany’s attorney. In the motion, they argue that he is “a necessary witness” and cannot be both “an activist and an attorney.”
The motion also alleges that in an April 2023 meeting with Bill Hemmert of Hemmert Far Hills and Jason Hemmert of Elsa’s Mexican Restaurant, Chilson introduced himself as a representative of both entities, informed both men that “neither Epiphany nor Bethany Village wanted Sheetz to move into Elsa’s South” and advised them that Epiphany, Bethany Village, and a third entity would pay more than Sheetz was paying.
According to the motion, Chilson also informed them that the Sheetz purchase “would never come to fruition” and advised that Centerville City Council would not allow Sheetz to build on Elsa’s South.
“Because it is Mr. Chilson, Mr. Hemmert, and Jason Hemmert who were present at the meeting, it is imperative that Mr. Chilson be deposed and testify at trial on cross examination,” the motion reads. “This cannot happen if he is trial counsel for Epiphany. Therefore, Mr. Chilson should be disqualified from representing Epiphany in this litigation.”
The next court hearing is yet to be scheduled.
Election vote crucial
The lawsuit is the latest development in an ongoing battle regarding the future of the Far Hills Avenue site.
The city of Centerville’s Planning Commission in August approved a plan that would have allowed Sheetz to construct its facility on the site.
After objections from Epiphany and others, Centerville City Council in October rejected Sheetz’s plans to construct the new location.
In November, Sheetz, developer Skilken Gold and the Elsa’s owners filed an administrative appeal against the city’s decision in Montgomery County Common Pleas Court.
The church opted not to wait for that outcome and in January launched two ballot initiatives that would block carryout alcohol sales at the site. Voters in the precinct surrounding the site will decide that issue in the March 19 election.
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