A downtown business owner has filed a civil lawsuit against the New Carlisle Planning Board, which last month denied his company a conditional-use permit to sell used automobiles from its auto service company.

According to the suit filed in Clark County Common Pleas Court, Danice D. Barker, owner of Deam Auto Service, said the board’s Nov. 1 decision was unconstitutional, illegal, unreasonable and unsupported.

The suit contends that the business at 101 N. Main St. is in a commercial business district and that similar auto sales and service lots operate in the district.

The “applicant’s intended use of the property is consistent with adjacent properties and also other properties located in city. There are numerous car lots located in city,” the appeal said.

Minutes from the planning board’s June 21 meeting indicated it was the second request for the conditional-use permit.

The first request ended in a tie vote in May 2011, according to court records.

Former City Planning Director Tim Howard told the board at the June meeting there were no known hazards that would be associated with the proposed operation.

He would only sell five or six cars at a time to help support the auto repair business and, if the permit wasn’t granted, the repair business would close, Barker told the board.

“He felt the proposed sales would benefit the city by bringing more people to town and would complement the existing used car sales business located adjacent to him,” according to the minutes.

Linda Campbell, president of the New Carlisle Chamber of Commerce, said she was in favor of the proposition and that the first denial was “anti-business.” She added, “A reasonable solution should be worked out.”

Board member Patti Mumma said her only concern was upkeep of the property and that tearing down a residential structure on the parcel would be great, according to the minutes. Howard noted in his presentation that Barker’s application committed to the removal of the structure.

Board members Karen Clark and Cathy Harvey, however, both expressed concern about having two car lots side-by-side, the other just north of Deam. Board President Sally Raiteri agreed and, as such, felt there would be no economic benefit to allow the conditional use.

The city was awaiting legal advice before it could comment on the case, Service Director Howard Kitko said Thursday.

The Springfield News-Sun visited the company recently and left a business card for Barker seeking comment, but received no response. No working telephone number for Barker could be located.