SUGARCREEK TWP., Greene County — A federal judge dismissed portions a lawsuit filed by Oberer Land Developers and property owner Peter Rammel over a proposed development near the intersection of Wilmington-Dayton and Conference roads in Sugarcreek Twp.
Oberer Land Developers and property owner Peter Rammel, who was planning to sell his property near the intersection, sued Sugarcreek Twp. and its trustees after the board of trustees in March 2019 unanimously rejected the proposal for nearly 100 new homes to be built.
“During the Zoning Change Request process there was great interest from the residents of Sugarcreek and ultimately Mike Pittman, Nadine Daugherty and Carolyn Destefani, who were the Trustees at that time, considered many concerns and voted unanimously not to approve the proposed development plan and rezoning, resulting in the legal action by Oberer against the Township,” said Sugarcreek Twp. Administrator Barry Tiffany.
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George Oberer Jr., Oberer CEO, said his company is “currently reviewing the judge’s decision and its accuracy.”
“We will be assessing our options in the coming week,” Oberer said.
Oberer and Rammel had requested compensatory damages in an amount no less than $1 million.
According to court records, Oberer and Rammel argued in part that the trustees’ decision “was driven by animus.”
“Judge Rice found Plaintiffs’ allegation -- that Defendants’ decision was motivated, at least in part, by Oberer’s role in the Dille/Cornerstone development -- was sufficient to demonstrate a plausible Equal Protection Clause Claim,” a summary judgment read. “Plaintiffs then had the opportunity to sustain that allegation through facts obtained through discovery… Plaintiffs, however, failed to do so.”
The Dille/Cornerstone development is the land where the current Costco, Cabela’s and Kroger sit at the intersection of Feedwire Road and Wilmington Pike. The property was annexed by the city of Centerville from Sugarcreek Twp., prompting court battles over the property.
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Oberer in the federal lawsuit alleged that Sugarcreek Twp. board of trustees “resented Oberer for its role in the previous annexation dispute, and the Board of Trustees allowed that ill-will to influence its decision to deny Oberer’s more recent application to rezone certain parcels of land located in Sugarcreek.”
The property Oberer had proposed building the new homes on at Wilmington-Dayton and Conference borders Sugarcreek Twp. and the city of Centerville, which could have made the property subject to annexation. However, a 10-year non-annexation agreement was executed between Rammel and Sugarcreek Twp. Administrator Barry Tiffany in 2014, court records showed.
“The current Trustees, Carolyn Destefani, Fred Cramer and Nadine Daugherty, recognize that Sugarcreek is clearly a desirable area for families to live, but they remain committed to manage future growth and follow our land use plan that strives to retain the desirable, community characteristics of Sugarcreek,” Tiffany said.
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