CENTERVILLE — The Supreme Court of Ohio ruled Tuesday that developers of a Sheetz service station can pursue a second lawsuit against the city of Centerville for damages.
The dispute follows Centerville’s actions blocking plans to build a new store near an exit ramp to Interstate 675.
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The litigation is currently before the U.S. District Court for the Southern District of Ohio, where a federal judge paused the proceedings to ask the state high court for clarification on Ohio law.
The federal court requested guidance on whether Sheetz could file a separate lawsuit for damages after successfully appealing the city’s rejection of its site plan.
In a unanimous opinion written by Justice Joseph T. Deters, the court rejected Centerville’s argument that Sheetz was required to claim damages during its initial administrative appeal.
Deters wrote that Ohio law does not permit a party to seek damages or declaratory relief during an administrative appeal process, clearing the way for the federal court to move forward.
PREVIOUS COVERAGE:
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Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer, Jennifer Brunner, Daniel R. Hawkins and Megan E. Shanahan joined Deters in the opinion. Sixth District Court of Appeals Judge Christine Mayle also joined the opinion, sitting in place of Justice R. Patrick DeWine.
Following the state Supreme Court’s decision, the lawsuit will proceed in the U.S. District Court for the Southern District of Ohio.
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