by Rachael Whitcomb
Associate Editor
Boston Heights -- A development company has filed a complaint saying if a residents' referendum of a rezoning request goes through, the village owes it $10 million because the vote could make its property undevelopable.
According to Summit County Court of Common Pleas records, Boston Hills Property Investment, which purchased the former Boston Hills Country Club last October, filed a complaint July 3 against the village over the rezoning of the former golf course property on Route 8 and Hines Hill Road.
The village's solicitor, Michael Cassetty could not be reached for comment and had not filed a response to the complaint with the Summit County Court of Common Pleas by press time.
The complaint alleges that, although the village voted in April in favor of rezoning the golf course from residential to retail business at the request of the developer, a referendum filed by residents after the village's vote has halted the rezoning process, therefore making the land unusable for the developer.
Should the referendum result in the property not being rezoned after ballots are cast in November, the developer argues that, under the present residential zoning combined with planned improvements to Route 8, the land would have "no economically viable use," effectively taking the developer's property without compensation, according to court records.
Sheldon Berns, the attorney for the development group, said if residents reverse the village's vote to rezone the land, it would be the same as the village voting against the rezoning.
The developer argues in the complaint that it has a "clear legal right to receive just compensation" from the village. According to court records, developers estimate the "just" compensation for the land would exceed $10 million.
Summit County property records indicate the development group paid $3.45 million for the 168-acre former golf course in October 2006.
Planning commission member Michael Cheung said the complaint seems like a preemptive move, since if voters do not favor the referendum and allow the rezoning, the developer can move forward with its plans to build about 66 acres of retail at the former 168-acre golf course.
Cheung said he didn't understand why the developer filed the complaint now instead of waiting to see what the results of the November election are, surmising it may just be a way of preparing for the worst on the part of the developer.
"It's what happens between now and November that's unclear to me," Cheung said. "I can't see the court denying the voters of Boston Heights the right to speak on this issue."
Cheung said this is a new challenge for the village. In his 20 years on the planning commission, Cheung said this is the first time the village has been brought to court over a land use issue.
"It's really the eternal difficult balance between what are the rights of the property owner and the municipality," Cheung said. "It leaves us in a very interesting position. We'll just have to see what happens next."
E-mail: rwhitcomb@recordpub.com
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