The companies had hoped to construct housing complexes on a 19-acre site near the corner of East Main Street and Olive Road in a combined effort that would have brought nearly 200 new apartment units to the city.
Trotwood City Council in April unanimously voted down the three project ordinances, all of which had previously been tabled during a March council meeting. Council members at that time cited concerns relayed by adjacent residents and business owners about the developments’ potential effects on nearby home values, traffic and safety, given the site’s location near Wolf Creek.
Planning commission had previously recommended council approval of the projects.
Soon after filing separate appeals with the court, the development companies combined the three lawsuits into one.
The companies argue, court documents show, that the council votes denying the projects were conducted improperly. The developers further assert that planned unit development approval requirements stipulate council must approve or deny the applications within 45 days of submission, which the body failed to do.
In its response, the city argues the court may lack jurisdiction over the matter entirely, and noted the developers chose not to pursue other administrative appeals or remedies prior to seeking a declaratory judgment.
The response goes on to assert council acted “reasonably, lawfully, and in good faith,” and that any harm sustained to Oberer, St. Mary Development, or Pivotal as a result of the rejection was due to the companies’ failure to mitigate their own damages.
The city has requested the court dismiss the complaint, while the developers have asked the court to render the applications approved, or for the April council decision to be overturned altogether.
City of Trotwood Law Director Chris Conard declined to answer any questions regarding the complaint and response, citing the ongoing litigation.
Attorneys for the development companies could not be reached for comment.
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