Oberer files federal suit against Sugarcreek Twp.

Oberer Developers and its owner, George Oberer, have filed a federal lawsuit against Sugarcreek Twp. regarding emergency services at the Cornerstone of Centerville project that Oberer is developing.

“The property owners at Cornerstone pay their fair share of taxes and deserve to receive necessary governmental services, including fire and EMS protection,” George Oberer Jr., CEO of Oberer Developers, said in a statement this morning. “The safety of motorists on I-675, Wilmington Pike, and Feedwire Road, or the customers, workers and residents who will visit, work and live in Cornerstone, is paramount and should not be jeopardized.”

Oberer said although township officials “took the necessary action to correct the earlier mistake of removing fire and EMS services from Cornerstone,” they also have indicated they “might take additional steps in the near future to once again jeopardize fire and EMS protection to Cornerstone.”

The lawsuit, Oberer said, seeks a court order that Sugarcreek Twp. must provide fire and EMS protection to Cornerstone “on equal footing with the rest of the township.” The retail, office and residential development at Feedwire Road and Wilmington Pike already includes the Dayton area’s first Costco Warehouse store, and Kroger and Cabela’s outdoor stores have filed plans to join Costco as anchor stores in the retail portion of the Cornerstone project.

The lawsuit was filed in U.S. District Court in Dayton on Tuesday against the township, the three members of the township’s board of trustees, and its fiscal officer.

The fight involves Sugarcreek, the city of Centerville and Oberer Development Co., which is responsible for the Cornerstone project where Costco already has opened and where new Kroger and Cabela’s stores are planned.

Sugarcreek has said that Centerville was not willing to pay enough to cover for the increased demand in services expected by the new developments, unduly burdening.

Oberer initially filed a legal challenge in Greene County Common Pleas Court, and a judge last month ordered all three parties to mediation.

Later, Sugarcreek Twp. rescinded its plan to create a fire district – one that would not have covered new developments such as Costco — and asked that court to dismiss the legal challenge to the original plan.

Sugarcreek has provided fire and EMS coverage to the area for years.