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Y! MyWebLawsuits contend coke-plant rezoning 'unconstitutional'
Wednesday, October 08, 2008
MIDDLETOWN — At least two more lawsuits have been filed in Butler County Common Pleas Court against the city of Middletown in connection to its rezoning of the Bake-Martin property east of Ohio 4 and adjacent to a residential area of Monroe.
The city rezoned the nearly 157 acres in August for a second time so that SunCoke Energy Inc. could begin the development and eventual construction of a $354 million coke-making and electric co-generation plant.
Matthew and Lori Moore of Niederlander Lane on Sept. 23 filed a suit against the city of Middletown, citing the city's actions in the rezoning were "arbitrary, capricious, unreasonable and unconstitutional as applied to the Martin/Bake property ..."
The suit also stated the rezoning creates "a health and environmental nuisance for the surrounding residential properties, seriously impairing public health, safety and welfare for the surrounding residential properties."
The suit also alleges the city used the emergency designation to avoid a possible referendum vote on the issue.
In addition, the suit alleges the Moores' property lost value and that the city should compensate the couple for current and future losses.
The Moores are seeking declaratory judgment from the court to have the rezoning and setback amendment ruled as arbitrary, unreasonable and unconstitutional; that the rezoning and its effects constitute an unlawful appropriation of their property; that the court order the city to begin appropriation proceedings and let a jury decide the compensation amount for the land; that the court order other relief for the Moores; and the city reimburse court costs and attorney fees.
The Moores could not be reached for comment Tuesday afternoon, Oct. 7.
"The city is in the process of preparing its responses to the lawsuits," said Les Landen, city law director, who said Bette Ann Metzcar of Niederlander Lane, also has filed a lawsuit identical to the Moore's.
Landen said he did not think the suits would hold up construction of the coke-making and electric co-generation plant.
