Clark Shawnee Local Schools subsequently filed a civil lawsuit against the board and its members claiming a violation of open meetings laws.
The development has since gone forward and is on track to be completed over the next seven to 10 years.
Dietz said during the emergency meeting that allocated land for a residential and retail development was automatically approved because the resignations brought the previous majority vote to deny the land to 2-2, and with no action within 30 days, policy requires automatic approval.
However, Clark County Common Pleas Court visiting Judge Stephen Wolover said in a ruling that the initial Oct. 5 meeting denied approval and the subsequent retroactive approval “is without proper authority” after a “lack of accurate and prompt minutes” created a “misleading result” that violated open meetings laws and “should not have resulted in a certification to approve.”
In his ruling, Wolover wrote that the minutes were inaccurate and “obviously misleading” with the final result of the plat consideration being an approval when the vote was to deny it. He said this was compounding by a delay in minutes being approved “until long after the ‘approval’ was accomplished.’”
Wolover granted an injunction compelling defendants to pay all court costs, a civil forfeiture of $500 and “reasonable attorney fees.” The board is also ordered to following open meetings laws.
Melody Parks, which is in progress on 400 acres along East National Road near Bird Road, is planned to include retail, restaurants, multi-family apartments, patio and single-family residential components.
Columbus-based developer Borror is leading the $400 million Melody Parks project, a name that is a nod to the former drive-in at the site. Officials said it is the largest project of its kind in the area in decades.
It’s unclear what impact, if any, this court decision will have on the future of the development. Developer Borror did not return a request for comment in time for publication.
Clark Shawnee Local Schools Superintendent Brian Kuhn said the district does not intend to prevent the development from moving forward. He said the district was “very pleased” with the ruling and intends to continue to ensure that “things are done the right way.”
More units for Melody Parks approved
The CEDA board, made up of county, city and township representative’s, last week approved a recommendation on an amendment to Melody Parks’ development plan increasing it by 500 units, likely apartments.
Kuhn said he was not allowed to speak during the meeting because the hearing was to recommend action to the Springfield City Commission rather than make a final decision. He said he is looking into the legality of that.
Additionally, Kuhn said he was concerned the CEDA board members may have been uninformed of the court ruling prior to the meeting.
Springfield City Manager Bryan Heck declined to comment, citing the legal nature of the matter.
CEDA’s legal representative said in a statement the board was aware of the decision finding it violated the Ohio Open Meetings Act “failing to timely prepare, file and maintain meeting minutes” from that meeting.
“While CEDA believes that it has always made meeting minutes available to the public in a timely fashion and as required by law, CEDA remains deeply committed to continuing to follow the Ohio Open Meetings Act,” the statement read.
The statement noted Wolover’s decision “does not enjoin CEDA from taking any current or future action regarding the Melody Parks development.”
The CEDA representative declined to provide further comment.
Future need for more learning space
Kuhn had previously expressed concerns about Melody Parks adding to enrollment numbers without additional resources for the school district. He said class sizes are currently “relatively comfortable” at an average of 21.8 students and the district has room for the first round of students from the development but may need more space in two to three years.
“As it continues to grow, there will be an increased need for staffing, bussing, classroom space, other infrastructure,” Kuhn said. “It’s something that’s still on our radar, and we know that the need is going to be there.”
The city approved tax abatements for the next 30 years for Melody Parks by designating it part of the city’s Community Reinvestment Area and by offering a 15-year Tax Incremental Financing (TIF) tax abatement for single-family property owners. Residents technically will not pay taxes for that time period but instead will pay an assessment equal to or greater than what they would have paid in property taxes.
“What I would want the Clark Shawnee, Springfield Twp. residents to know is we are continuing to advocate for the school district and for our community to try and ensure we receive the tax revenues that we are due,” Kuhn said. “We can’t stop growth and development as a school district, but we can make sure that things are done the right way, and we want them to know we’re not just rolling over; we are doing our due diligence and what we believe is the best interest of our community.”
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