Wednesday, January 20, 1999
Township to contest annexation
Developer wants land for condos, homes
BY SHEILA McLAUGHLIN
The Cincinnati Enquirer
HAMILTON TOWNSHIP — Trustees vowed Tuesday to fight annexation of about 90 acres of farmland into South Lebanon for the village's first new subdivision.
That's the same day lawyers for land owner Dr. William Hillard filed a petition seeking to annex the 89.5 acres between Dwire and Grandin roads on Ohio 48 to South Lebanon.
The Drees Co., which wants to build 275 homes and duplex condominiums, has an option to buy the land contingent on annexation and zoning approval.
“We're going to do what we can to save the land for the township. They (Warren County commissioners) should do what's in the best interest of the people, instead of the best interest of the builder,” Trustee Clyde Baston said.
Mr. Baston said he would have to talk with fellow trustees before deciding what type of action could be taken.
Village Solicitor Jack Quinn said a challenge by the township would be a waste of time.
“The courts have consistently held that the township has no remedy where there is 100 percent participation of owners. The legislative authority of the state favors annexation. The townships don't have the law on their side nor the clout to change it,” Mr. Quinn said.
Warren County must hold a public hearing before annexation can be approved.
Township officials can speak at the public hearing. They also can file an injunction after approval of the annexation and challenge the issue in court.
“There would be little doubt that (the annexation) wouldn't be approved,” said Bob Craig, director of Warren County Regional Planning Commission. “A single-owner petition is pretty much a done deal as long as the other requirements are met.”
Drees officials said last week that they want to annex the land into South Lebanon because the village has agreed to charge $850 for each household to hook into the sanitary sewer system.
Even though the county already has the sewer lines in place, the village's fee is about $2,000 less than the developer could get in Hamilton Township, which is on the county sewer system. South Lebanon intends to run sewer lines to the site before building begins.
The village has made improvements to its water, sewer and road system in the past four years in attempt to attract development, village officials said.
“It's our turn to get a little development,” Mr. Quinn said.
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