Another developer has joined a federal lawsuit against Jerome Township, claiming the township violated their property rights and discriminated against them during the zoning process.
Trustee Chair Megan Sloat said during a special meeting Tuesday that the lawsuit was amended on Aug. 20 to include Jerome Village Company, LLC as a plaintiff.
Stakeholders for three residential developments that were each stalled by referendums –
the Homestead at Scotts Farm, Rolling Meadows and The Farm at Indian Run – are also joint plaintiffs in the July 23 lawsuit seeking damages from Jerome Township.
Following an hour-long executive session with township’s legal counsel, Sloat said the township would take no action Tuesday night, as officials needed more time to review changes to the litigation.
Sloat said a response would be “forthcoming in the next week or so.”
Though officials took no action Tuesday, Jerome Township residents were vocal about how they desired their trustees to respond.
Nearly every seat was filled during the special meeting, as residents pleaded with the trustees to ask a judge to “throw out” the lawsuit.
“This is probably the most visible decision you will make in your career as a trustee,” said resident Andrew Diamond. “It’ll determine the direction our township goes in the foreseeable future.”
A number of residents who spoke during the meeting hypothesized that the trustees would sign a consent decree to settle the matter – but urged against it.
“You will have to weigh the potential legal fees against doing what is right for the residents,” resident Barry Adler told the trustees. “I know that this is a tough decision but hope that you would decide to do the right thing and show your support for the community by defending against this lawsuit.”
Adler said he understands that the trustees “followed the rules” when rezoning the four properties in the lawsuit, as they met the basis of approval defined by the zoning resolution.
However, he said local residents’ decision to file a referendum also followed “rules” set forth by the Ohio Revised Code.
“A referendum provides for checks and balances for when residents disagree with the decisions of the trustees,” Adler said.
He argued that signing a consent decree to “make the federal lawsuit go away,” would deprive the residents of their right to oppose rezoning decisions.
Adler also said that the developments were overwhelmingly rejected in referendum votes because they will have an adverse impact on the community.
He, along with other residents who spoke during the meeting, mentioned concerns surrounding the destruction of woodland and wetland areas, open space and density requirements, the impact on emergency services and additional traffic.
Like Adler, resident Bob Chapman said he feels the lawsuit is “full of misinformation.”
Chapman noted that it is not the referendum itself that stops rezoning, but a majority of voters agreeing with it.
He said it would not be “fair and reasonable” to agree to a settlement in which the results of a “supermajority” vote – 85% of voters opposed rezoning for the Farm at Indian Run development – are ultimately “rejected.”
“It feels to me like legal bullying,” Chapman said.
Adler added he feels it is clear that it is not just a “vocal minority of individuals” that oppose recent development in Jerome Township.
“By failing to defend against this lawsuit, you will be failing to work for the residents and will allow the developers to maximize their profits and ignore concerns of residents about adverse impacts to our community,” Adler said.
While residents who spoke at Tuesday’s meeting adamantly argued against the claims made by plaintiffs of the lawsuit, they do have one shared belief.
“I agree,” Chapman said. “Zoning is broken.”