Worthington once more triumphs over developer in authorized battle over UMCH website

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A panel of U.S. appeals court docket judges has sided with the City of Worthington, the most recent replace in a multi-year authorized saga in regards to the plans for a big plot of land on High Street.

The U.S. sixth Circuit Court of Appeals panel sided with a U.S. District Court ruling in opposition to Lifestyle Communities, which has alleged that town went “too far” in proscribing what might be constructed on the 38-acre former website of the United Methodist Children’s Home.

“The city is pleased that the 6th Circuit Court of Appeals affirmed the district court’s ruling in favor of the city, affirming the city’s discretion in denying the rezoning request.  While Lifestyle has the right to seek further review by the courts, the city appreciates the well-written opinion upholding the city’s zoning authority,” Worthington spokesperson Anne Brown stated in a ready assertion.

Requests from The Dispatch for remark from Lifestyle Communities have been unanswered.

Lifestyle Communities purchased the land in Worthington for residential and industrial growth at 1033 N. High St. earlier than town authorized a rezoning request. Nearly 75% of the property included a zoning restriction that solely parks, hospitals, church buildings, colleges and different public-use property could be allowed there. But town’s complete land use plan revised in 2014 requires a mixed-use growth with some greenspace.

The United Methodist Children’s Home shut down in 2010 and Lifestyle Communities had been engaged on plans for the land since at the very least 2015, in keeping with the appeals court docket resolution. The developer signed a contract to buy the land in 2017 that included a contingency in regards to the zoning, however ultimately waived that and the transaction was finalized for $5.2 million in January 2021.

Worthington’s planning fee and City Council denied the appliance for rezoning, citing considerations about density on the undertaking and lack of greenspace in 2022. Instead of submitting a brand new software, the developer sued town in federal court docket on a number of grounds, together with free speech, retaliation and equal safety.

Lifestyle Communities had revised their proposal a number of instances. Initial plans referred to as for the event to incorporate 571 residences and industrial house. The variety of residential models later shot as much as 725, then was lowered to 600.

“Some residents have encouraged council to purchase the property, however Lifestyle Communities has not indicated that they have any interest in selling the property to the city,” according to a city webpage. “The city’s legal team will continue to vigorously defend the city’s interests. We look forward to a productive use of the property in the future.”

Anna Lynn Winfrey covers the northwestern suburbs for the Columbus Dispatch. She may be reached at [email protected].


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