Developer files suit against West Chester Township over Kroger development

WEST CHESTER, Ohio -- A developer who hoped to bring a new Kroger Marketplace to West Chester is now suing the township trustees.

The West Chester Township trustees voted in March to deny a rezoning request to switch the 36-acre plot at Ohio 747 and Tyersville Road from residential to business.

The Journal-News reported Wednesday that the Blue Ash-based Silverman and Company filed a lawsuit in Butler County Common Pleas court aimed at overturning the decision.

RELATED: West Chester trustees vote against new Kroger Marketplace development

The trustees’ vote to deny the zoning request effectively stopped the project.

According to the appeal, Silverman claims “that the procedures followed by the trustees in denying the application blurred the line between legislative and administrative action, rendering the entire proceeding an exercise of quasi-judicial authority.”

In an earlier action, the company claims the trustees’ denial of the application was “arbitrary, capricious, and unreasonable and without a substantial or reasonable governmental purpose, and thus violated the plaintiff’s constitutional rights.”

The township recently filed a motion to dismiss the case but officials would not comment on the litigation.

A hearing on the lawsuit has been scheduled for Sept. 29.

Residents living in the area say they are concerned about the effects the development would have on traffic and other businesses in the area.

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