Friday, May 04, 2001

Water tower battle resumes in Warren Co.

Residents' lawyer again asks judge to halt project

By Earnest Winston
The Cincinnati Enquirer

        LEBANON — The attorney for six Deerfield Township residents is trying again to persuade a judge to stop the city of Mason from building a water tower on Mason Road in Deerfield Township.

        Warren County Common Pleas Judge P. Daniel Fedders last month denied a temporary restraining order requested by the township trustees and the six residents to stop construction of the 175-foot tower.

        Thursday, Cincinnati attorney Jack Greiner, who represents the six homeowners involved in the suit against Mason, filed court papers seeking a preliminary injunction.

        This would halt construction indefinitely until Judge Fedders issues a final ruling on the case, which is expected by the end of the month. Contractors were at the site this week laying the tower's foundation.

        “We think the construction should be stopped entirely, and if it's not stopped entirely, then at least the city of Mason should compensate the residents for the decreased property value,” Mr. Greiner said.

        In the motion, Mr. Greiner said construction of the water tower violates deed restrictions, saying the property must be used for residential or agricultural purposes. He said Mason's contention that the deeds aren't enforceable “flies in the face of logic and controlling case law.”

        Assistant City Manager Eric Hansen said the city thinks the judge will rule in their favor to build the $2.5 million water tower.

        “The city is confident that, as in the past, our right and our obligation to build the water tower will be upheld,” Mr. Hansen said.

        “The water tower is important to our ability to provide water service to our residents.”


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- Water tower battle resumes in Warren Co.
Tristate A.M. Report