City Seeks Dismissal of Rezoning Complaint
Hilliard argues its Council’s 4–3 vote was a legislative act as Britton Parkway Holdings challenges the city in Common Pleas Court
At issue is whether the decision on Nov. 12 by Hilliard City Council, to deny the plaintiff’s rezoning application, was an administrative or legislative action.
“The city’s position is that the City Council took a legislative action (but) my client’s position is that it was an administrative action that is appealable (to the Franklin County Common Pleas Court),” said Nathan Painter, an attorney representing Britton Parkway Holdings.
Painter is also a former member of Hilliard City Council.
David Ball, community relations director for the City of Hilliard, confirmed the city’s law director filed a motion to dismiss the case based on jurisdiction but did not comment any further.
According to Painter, the complaint could still proceed but in the 10th District Court of Appeals, should the Common Pleas Court determine that City Council’s action was in fact a legislative action and not in the purview of the Common Pleas Court.
The complaint in Franklin County Common Pleas Court seeks to reverse the decision of Hilliard City Council and order the City of Hilliard to approve the rezoning application as submitted, Painter said.
More to Come from Plaintiffs
The plaintiff also intends to file a separate complaint in federal court.
“My client looks forward to presenting additional claims of violations of its Constitutional rights to the federal courts in the near future,” Painter said.
The complaint stems from the Nov. 12 decision of City Council, in a 4-3 vote, to deny a rezoning application for the property owner, Noor Islamic Cultural Center, to occupy and commercially utilize the former BMW Financial Services headquarters, a 226,000-square-foot building on 15 acres, at 5550 Britton Parkway.
“My client looks forward to presenting this appeal to the Court of Common Pleas. We are confident that the Court will find that the City acted in an arbitrary, capricious, unreasonable, and unconstitutional manner in denying the rezoning application,” attorney Nathan Painter said Dec. 18.
The City Position is Unchanged
The city made its argument on Nov. 12 for denying the rezoning.
Hilliard City Manager Michelle Crandall stated then the BMW parcel should be re-developed as a mixed-use campus similar to TruePointe, a 300,000 square-foot development under construction just to the south with restaurants, offices and luxury apartments.
“Both the current zoning in place for (BMW) and what is in the community plan for the I-270 corridor are focused on the same underlying priority (and) that priority is this corridor is a primary economic-development driver for the city, providing key employment locations with numerous high-paying jobs that in turn translate to streams of income-tax revenue for our city,” Crandall told City Council Nov. 12.
I'm not well versed in the legal arguments here, but I think it's a bit of a stretch to suggest that the city's legislative body voting against a rezoning is "arbitrary, capricious, unreasonable" when they are giving pretty clear reasons why it doesn't align with the city's 10 year plan they ratified recently. Very much feels like Noor just doesn't want to take no for an answer. Tough luck. You bought it cheaply while it was zoned the way it was because of it's zoning. Can't have your cake and eat it, too.
And before the accusations, I'm not the least bit bothered by it being an Islamic center. I would welcome them elsewhere in Hilliard if they sold this lot and found something zoned appropriately for what they plan to do. Go for it! But don't try to pull a fast one on our city.