In the latest lawsuit in Lifestyle Communities’ lawsuit against the city of Worthington over the redevelopment of the former United Methodist Children’s Home, the city said the developer did not have protected income under the statute of limitations.
Lifestyle Communities alleged in its suit that the city violated its due process rights, among other allegations, surrounding the company’s efforts to redevelop the 1033 N. High St. site. to be a mixed-use residential and commercial development.
The company has tried three times since 2015 to renovate the building — the most recent one was rejected by the City Council in December — and claims the city blocked the company’s efforts to renovate.
In a July 1 filing in the U.S. The District Court of the Southern District of Ohio Eastern Division, in response to the company’s motion against the city’s motion to dismiss, said the city “plaintiffs do not even argue that they have a right.” for the repair and improvement they were looking for. They talk about this difficult issue because they have to. “
“First, Plaintiffs do not have a carte blanche secured right to ‘use their property’ in defiance of existing zoning laws,” the filing said. “Secondly, none of the representations and actions of the ‘City’ – even if we only assume that they happened – entitle the Plaintiffs to the adjournments and improvements they want. Third, the plaintiffs do not have a protected freedom of action in any business they choose to do. Adopting the Plaintiffs’ legal doctrine would negate the Supreme Court’s long-held approval of jurisdictional determinations. “
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The city submitted another filing on July 5, saying it had learned that its 19-page filing as of July 1 “exceeded the 10-page limit in Judge Sarah Morrison’s Standing Order No. 10” and acknowledged that it takes “full responsibility. for this prospect.”
However, the city says in the filing that “given the length of Plaintiffs’ Complaint, the number of claims being raised, and the length of both parties’ initial briefs, the Reply Brief exceeds 10 pages.”
The city declined to comment on the matter when contacted by ThisWeek.
“There are many steps involved in the litigation,” city spokeswoman Anne Brown said in an email. “It is still in the early stages and may continue for a long time. We cannot say much about the actual legal process.”
Attorneys for Lifestyle Communities had not responded to requests for comment as of July 21.
Check ThisWeekNEWS.com/Worthington for updates.
