First Interstate, Citizens for Oakwood Respond to Ohio Supreme Court Ruling
President of First Interstate said he is disappointed in ruling, but confident voters will choose to rezone the land
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The Ohio Supreme Court has ruled 6-1 in favor of a group trying to stop developers from building on the former Oakwood Country Club land in South Euclid.
The court announced Wednesday that it agreed with Citizens For Oakwood, which is made up of residents from South Euclid and Cleveland Heights, that South Euclid voters should decide whether the land is rezoned. The court has directed South Euclid to put the issue on the November ballot or repeal the decision to rezone the property.
First Interstate Properties, the developer behind Legacy Village, Steelyard Commons and other developments in the area, plans to build a mix of retail, residential units and parkland on the property, and responded to the decision.
“We are surprised and disappointed by this ruling because we had a strong case before the court. We will now take our case to the voters,” said Mitchell Schneider, president of First Interstate, in a press release.
South Euclid City Council unanimously approved rezoning on June 27 so that First Interstate, which bought 62 acres of the Oakwood land that falls within South Euclid in December, could build there.
The other approximately 90 acres is in Cleveland Heights, and First Interstate exercised its option to purchase that land in March.
Despite the court ruling, Schneider is confident that the people will vote to rezone the land.
“We feel very good about our chances of winning this referendum,” Schneider said. “We conducted a survey in the spring and found that most residents of South Euclid want a mix of public green space and new retail options in their community. An overwhelming majority also think the new jobs and tax revenue are very important to the community. Despite the ruling, we will proceed with our planning process. We are in the process of having the Planning Commission review our site improvement drawings."
Citizens for Oakwood, which wants the land turned into a park, also sent a press release Thursday reacting to the court's ruling.
“Citizens for Oakwood is deeply grateful to the Ohio Supreme Court for deciding, as the Court states in the Slip Opinion, ‘in favor of the power reserved to the people to permit rather than to preclude the exercise of power,’” the group wrote.
Though the group hopes that Oakwood is not rezoned, it is happy that the court put the decision in the hands of South Euclid residents.
"Now that the Ohio Supreme Court has removed the developer’s artificial impediment to the democratic process, South Euclid voters will be able to decide for themselves: should the Oakwood property be rezoned to permit yet another Big Box 'value oriented' retail development? Or does the community have easy access to enough of those?"
Schneider said in the press release that he will continue to work with the city of South Euclid and finalize plans for the Cleveland Heights land.
"We continue to actively look at a wide variety of non-retail options for 75 acres in Cleveland Heights, so we haven’t submitted any plans yet to the city,” Schneider said. “Our plan is to come up with a realistic, economically feasible plan bringing a mix of housing, senior care facilities and high-paying jobs to this parcel of land, while still preserving a green, campus-like environment that can be enjoyed by the entire community.”
Citizens for Oakwood will continue its campaign to repeal the ordinance to rezone the land, said Fran Mentch, founder of the group.
"We took 10 minutes to celebrate, but now we're full steam ahead," Mentch said.
Spokesman for the city of South Euclid, Keith Benjamin, did not comment before publication. Cleveland Heights Patch will continue to update this story.
Related articles:
Ohio Supreme Court: South Euclid Should Repeal Oakwood Rezoning or Put the Issue to Voters
Citizens for Oakwood Seeks Court Help to Get Issue on Ballot
Oakwood Rezoning: Document Submitted to Wrong Person
Opinion: Great news! The campaign to put Oakwood on the ballot has started in South Euclid.
Update: South Euclid City Council Votes to Rezone Oakwood
South Euclid Planning Commission Recommends Oakwood Rezoning
South Euclid Planning Commission to Vote on Oakwood Rezoning Thursday
Oakwood Public Hearing in South Euclid Set for May 25
Oakwood Developer Objects to FutureHeights Forum
Majority of Residents Speak Out Against Oakwood Proposal
First Interstate Properties Takes Next Step Toward Buying Oakwood Site in Cleveland Heights
South Euclid City Council to Hear from Public on Oakwood Rezoning Wednesday
Residents Voice Concerns About Plans for Oakwood at City Council Meeting
Oakwood Development Discussed at South Euclid City Council Meeting
Portion of Oakwood Country Club Bought by Developer Responsible for Legacy Village
michael levin
11:30 am on Friday, September 9, 2011
. The fact that South Euclid uses "emergency " legislation for issues that were never intended for "emergency" usage is even bigger than this case. The utter contempt the elected officials hold for the citizens is a crime. The fact South Euclid so felt no need to uphold the Constitution as evidenced by the court's ruling regarding the sacred right of active citizenry and voting rights should make all citizens demand a new regime in South Euclid and calls to the Justice Department.The fact the media and the government,not the Patch,refuses to cover the issue with any accuracy reaks of collusion. The Oakwood group led by Fran Mentch are from the incompetent tree huggers described in other media reports. Fran is a well educated articulate woman that is willing to work for free to uphold the laws of this nation which many have died for.Nearly all of the comittee,or at least all that I have met are PHD's,advanced degrees and in my opinion,too nice! This is in stark contrast to the government of South Euclid which gets paid to trample on basic rights guaranteed by the Constitution. This does not even take into account the environmental laws they choose not look at let alone common sense. All citizens should be calling the Justice Department and demand an investigation and the resignation of the mayor,city ciouncil,and law director.They should all move to China as they must love China since the proposed stores were to sell goods made
michael levin
11:40 am on Friday, September 9, 2011
There are laws in existence since the early 70's which would not even allow a golf course to be built where Oakwood is today. If citizens inform the media and the EPA of this then it would be a fine new start for South Euclid which does not understant,or chooses not to understand,emergency legislation and voting rights. South Euclid must be Communist since their actions are party driven with contempt for the citizens and do it all to,mostly,sell Communist Chines made goods while destroying the last few local stores.all because the "party" orders them to. What a farce on this patriotic weekend which remembers real brave Americans!!Hats off to Governor Kasich for his efforts,Atty. General Michael DeWine and Rob Frost for their help and efforts.Fran should be the Mayor of Cleveland Heights and the rest of the group on council!!!!