Saturday, November 06, 1999
Court to decide Lebanon land's fate: apartments or park
City, developers debate project
BY RICHELLE THOMPSON
The Cincinnati Enquirer
LEBANON — The court will decide whether a denuded hill along Deerfield Road becomes home to 96 apartments or a park for picnicking families.
The city of Lebanon and the apartment developer filed suit against each other this week in Warren County Common Pleas Court.
City officials requested an injunction against the developer to stop bulldozing the 11 acres and asked for a jury trial to determine the value of the property. City council passed an ordinance this week to purchase the land through eminent domain, a measure that allows government bodies to purchase land for certain public uses regardless of whether a property owner wants to sell.
Deerfield Crossings Limited Partnership, a Dayton-based developer, asked the court to allow construction to continue and award damages.
The debate on the proposed development strikes a familiar chord in the fast-growing Warren County seat, which has seen its population rise 32 percent since 1990, to an estimated 13,800.
Residents and council members have argued against such high-density housing, saying it would add to already-congested streets and crowded schools. The city needs more homeowners and fewer renters, they have said.
Joseph L. Trauth, Jr., attorney for Deerfield Crossing, said the idea of transforming the land into a park is simply a ploy by council to keep the apartment building out of Lebanon. The Cincinnati attorney argued the land is correctly zoned, and the city already approved the site plan and awarded building permits.
“The city's whole intent and purpose is to stop a legal and lawful apartment project,” Mr. Trauth said.
Deerfield Crossing has in
vested $1.6 million into the property, including the purchase price, engineering, architectural drawings and other contractual obligations, Mr. Trauth said. An appraisal requested by the city more than a year ago showed the property value at $276,300.
Resident Andy Timmerman said he considered the $1.6 million figure “a play to the citizens of Lebanon to scare them.”
The company began pulling out trees and clearing the property in late October, catching city officials by surprise.
Council a year ago had proposed swapping the 11-acre wooded site on the city's south side for another piece of land. When negotiations stalled in February, the project fell off the city's radar screen.
Some residents have blamed council for not paying close enough attention to the proposal, saying their neglect contributed to the loss of one of the last large green spaces left in the city.
“They dropped the ball,” Mr. Timmerman said of council. “But that doesn't make the idea of a 96-unit apartment complex any more palatable.”
'2% Club' warrants more study, auditors say
Bill asks to post medical lawsuits
Teen donates Christmas tree for square
HMO change may set trend doctors want
Flynt looks to Butler Co.
Voucher order is blocked
Fire ravages Florence eatery
Gracious, polite trick-or-treaters were a delight
Hillsides closely guarded
Enter our Dress A Turkey contest
GET TO IT
'Harmonium' composer leads stirring premiere of choral masterpiece
DANCE REVIEW
ANTIQUES and COLLECTIBLES
Butler Co. to aid in fund hunt for City Centre
Butler County may hook up to Cincinnati water
Court to decide Lebanon land's fate: apartments or park
Democrat announces run against Westwood
Ex-dissidents now elected to run Cleves
Kenton Co. EMTs use breathing tool
Ky. Catholic schools get $25,000 donation
Lebanon to pay fine for illegal meeting
ODOT gives more to transit center
Police signal to warn of cruisers in area
Reading fire chief to take new job
School helpers may face checks
Skaters learn by baby steps
Teen arrested for false 911 cell calls
Tip leads to arrest in Covington drug death
Tongue-twister name didn't stop voters from writing him in
TRISTATE DIGEST
Trotta was tailor to the stars Loved gardening and his family
UofL player hurt in elevator fall
Village honors its boy soldier
