Conservation

Miller Place Property 

Miller Place is a residential development with 1,445 planned housing units on a 271 acre parcel off Rumpke Road.  The property abuts Rowe Woods near the Red Wing Trail.  The tributary that drains most of the property flows into the West Branch of Avey’s Run.

Miller Place Property Plan Updates

A citizen’s Legislative Committee was formed to submit the Petition for a Ballot Referendum on Union Township’s Resolution on Miller Place.  If you have questions or wish to provide support for The Committee’s cause, contact:

               Committee to Protect Avey’s Way
               4664 Rustic Way
               Cincinnati, OH 45245
               millerplacecommittee@gmail.com  or  wingmedia@fuse.net
            

Timeline:

3/14/19 - Judge McBride issued decisions on the three outstanding motions:

Motion to consolidate both suit into one case (Filed by the Nature Center, Committee to Protect Avey’s Way, Maria Keri and Anne Robinson)

  • Judge’s Ruling:  agreed to consolidate the remaining claims into one case
  • Impact: the suits go to hearing together as one case

Motion to dismiss writ of mandamus suit regarding Ballot Referendum (Filed by Union Township and property owner Sansalone):

  • Judge’s ruling:  denied the motion to dismiss
  • Impact: the case survives and goes to hearing consolidated with other suit

Motion to dismiss Consent Decree suit (Filed by Union Township and property owner Sansalone)

  • Judge’s ruling:
    • dismissed claims in Counts 1 & 2 relating to violation of the Consent Decree
    • dismissed claims in Count 5 regarding the potential illegal use of eminent domain
    • Committee for the Protection of Avey’s Way, Maria Keri and Anne Robinson do not have standing to seek enforcement of the Consent Decree
    • Judge McBride found “the Consent Decree did not change the zoning of the property from R-1 and ER to another zoning designation.”  He later states, “although the property remains zoned as R-1 and ER in name, Union Township has effectively rezoned the Property” with the Resolution it passed 10/25/18.
  • Impact:
    • Both CNC and the Committee remain as plaintiffs in the consolidated case.
    • The case is focused on Union Township’s Resolution relative to zoning, not whether it violated the Consent Decree.
    • The case goes forward.

NEXT STEP: Judge McBride will schedule a case management conference within ten days to proceed with the consolidated case.

2/21/19 - Judge McBride issued a written decision to DENY the Motion to Disqualify. He has set Monday 2/25 at 1:00 pm to hear arguments on Union Township’s two Motions to Dismiss and the Nature Center’s Motion to Consolidate both suits into one case before the Common Pleas court.

2/14/19 - Judge McBride stated that property owner Sansalone’s Motion to Disqualify Strauss-Troy from representing Cincinnati Nature Center must be addressed before the case can proceed.  He indicated he would issue a written decision within a week.

2/7/19 - Judge McBride, stated the motion to disqualify S-T must be dealt with before the case can proceed.  He scheduled a hearing for that purpose next Thursday, February 14 at 12:30 pm.

1/29/19 - Council for Miller Place property owner Sansalone filed a motion to disqualify Strauss & Troy, the nature center’s council, claiming a conflict of interest.  This is based on another S-T attorney many years ago preparing an estate plan for the Sansalones. Prior to taking our case, S-T asked the Bar Association for an opinion (common practice, but not legally binding). The opinion was no conflict.

1/9/19 - Case re-assigned to Judge Jerry McBride

1/4/19 - Nature Center files memo in opposition to motions to dismiss and files a motion to expedite (February 6 is deadline for issues to be placed on May ballot)

12/24/18 - Union Township files a motion to dismiss the Declaratory Judgment

12/18/18 - Cincinnati Nature Center and Committee to Protect Avey’s Way file Motion to Consolidate the cases.

12/14/18 - Committee to Protect Avey’s Way files petition for writ of mandamus in Clermont Common Pleas Court asking court to require petitions to be submitted to Board of Elections.

12/4/18 - Union Township Trustees reject petitions claiming Resolution was not a zoning issue and therefore not subject to Ballot Referendum.

11/27/18 - Cincinnati Nature Center and Committee for Protection of Avey’s Way file declaratory judgement arguing Union Township has violated  State Law regarding Township Zoning.

11/21/18 - 3,879 signatures on 299 petitions submitted to Union Township by Committee to Protect Avey’s Way.

10/25/18 - Union Township Trustee approve Resolution for Miller Place with 1,445 residential units including 850 apartments

 

  

Background

On 10/25/18 the Union Township Trustees passed the Miller Place Revised Development Plan Resolution 2018-52. It provides for 1,445 residential units (875 rental units, 570 single family units) on the undeveloped 271 acre property on Rumpke Road. It represents two major modifications of the federal Consent Decree signed in 2000 by Union Township and the property owner Anthony M. Sansalone, Trustee: 

  • Increase in the number of residential units from 575 to 1,445, and
  • Rezones the property with the inclusion of multi-family apartments.

Cincinnati Nature Center and many neighbors adjacent to Rumpke Road are concerned about this plan.  The township trustees have not followed the law for rezoning in Clermont County. The plan should have been submitted to the Clermont County Planning Commission, the Township Zoning Commission and the Township Trustees, where there would have been an opportunity to obtain traffic studies, storm water & sewage planning and public input prior to making such a drastic zone change. The increase of 870 residential units could have a significant detrimental impact on the Nature Center’s Rowe Woods, the neighborhood and the surrounding region due to:

  • Increased surface run-off during construction and ongoing afterwards harming Avey’s Run and Barg Salt Run streams due to erosion, increased sediment and pollutants
  • Increased traffic on Old Route 74
  • Using eminent domain and public funds to acquire land for the private benefit of the developers to create a second access onto Old 74 through Melody Lane
  • Unplanned financial demands on the township due increased services for police, fire, streets and schools

 


Complaint for Declaratory Judgment

News Stories and Clips

Union Township neighbors fight back against development with petition drive (www.local12.com) November 30, 2018
Miller Place Press Release November 29, 2018
Miller Place opposition in Union Township takes action (www.Cincinnati.com) November 29, 2018 
Some Union Township neighbors oppose 1,445-unit development plan (www.local12.com) October 23, 2018

 

Additional questions?

Contact Bill Hopple, BHopple@CincyNature.org or 513-965-4246

 

Media Contacts

Marian Perkowski, MPerkowski@CincyNature.org or 513-965-4249
Jeff Sperry, JSperry@CincyNature.org or 513-965-4895