The court’s decision said the matter was remanded to the City Council, “with instructions to approve appellants' (Major Site Plan)” subject to the conditions the city’s Planning Commission had already placed on the project.
“This is not just about one project—it is about maintaining our ability as Centerville’s elected representatives to make decisions that reflect and protect the values and priorities of our community,” Centerville Mayor Brooks Compton said in a release. “We will continue to advocate for Centerville’s residents and the principles that guide our development policies and will appeal the incorrect decision of the trial court.”
Attorney Jaren Hardesty of Bieser, Greer & Landis, representing Sheetz, Elsa’s and the developer, disagreed.
“We are confident in the Court’s decision, and we believe that the Second District Court of Appeals will affirm its well-reasoned decision,” Hardesty said.
The Jan. 7 ruling reversed the October 2023 unanimous decision by City Council to deny plans to construct the facility, an action that followed more than six hours of testimony from the applicants, city staff, city council, the public, neighboring Epiphany Lutheran Church and Bethany Village retirement community.
Council said it rejected the 6,139-square-foot development because it is “inconsistent with the use and character of surrounding properties.”
The city said last week’s decision by the Common Pleas Court to overturn the city’s “careful deliberation” prompted it to seek a review and reversal by the Second District Court of Appeals.
“The city is committed to balancing new development with the preservation of Centerville’s unique character, ensuring it remains a desirable place to live and work,” Centerville said in the release. “The trial court’s ruling challenges the city’s ability to enforce the standards of the Unified Development Ordinance (UDO) and safeguard the interests of its residents, institutions and businesses.”
But the judge’s ruling said the City Council’s reversal imposed a condition that is not contained in the UDO.
“Moreover, there is no evidence in the record that the City Council’s decision restricting Appellants’ use of the property bore a substantial relationship to public health, safety or welfare.”
Centerville said it “remains committed to fostering responsible growth while preserving the unique qualities that define its neighborhoods.”
The property in question sits on Far Hills Avenue, a half-mile north of I-675, adjacent to the church and across the street from the retirement community. It is at the south edge of a busy commercial strip that includes multiple restaurants, a shopping plaza and two other gas stations farther north.
TIMELINE
The appeal by Centerville is the latest installment in more than a year of legal wrangling regarding the development.
Nov. 22, 2023: Sheetz, developer Skilken Gold and the owner of the Elsa’s Mexican Restaurant property sue the city of Centerville via an administrative appeal in Montgomery County Common Pleas Court.
Jan. 31, 2024: Morse Road Development LLC (representing Sheetz) and Hemmert Far Hills LLC (representing Elsa’s) sue the city of Centerville, Epiphany Lutheran and Bethany Village in hopes of constructing Sheetz at 6318 Far Hills Ave.
Feb. 28, 2024: Lawyers representing the church, retirement village and city filed separate motions to dismiss in the U.S. District Court for the Southern District of Ohio, Western Division at Dayton.
April 2024: Centerville withdraws its motion to dismiss.
Aug. 22, 2024: Epiphany and Bethany have their motions to dismiss denied.
Jan. 7: Montgomery County Common Pleas Court reverses Centerville’s decision to deny Sheetz the ability to construct the gas station and convenience store.
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