HBAC #98: All the Legal Wrangle Angles

In the latest episode of the Hilliard Beacon podcast, the guys sit down with attorney Chris Burch of Bailey Cavalieri to try to better understand the ongoing legal proceedings between the Noor Islamic Cultural Center (dba Britton Parkway Holdings, Inc) and the City of Hilliard over the former BMW office building.

As you’ll hear in the discussion, at the heart of the dispute appears to be the shape and scope of Noor’s attempt to repurpose the previously vacant property for development, an effort that has run headfirst into the city’s standing expectations for “mixed-use” as a term along with zoning restrictions and broader economic strategy.

Christopher Burch of Bailey Cavalieri was our guest for the episode.

Chris offers a much-needed explanation of the legal complexities of planned-unit developments (PUDs) and highlights the city’s established right to prioritize income tax-generating properties like Class A office spaces. The group also discuss the core and very real legal differences between a non-binding Community Plan and on the books zoning laws. The pod hosts also probe whether this overall model (and the complex financing behind it) remain viable given the seeming necessity of associated tax incentives that, once expired, have prompted these major tenants and employers to relocate multiple times.

From a 2021 NBC4 piece discussing the potential move of Hilliard’s (at the time) third largest employer. BMW did relocate to Grandview.

As the case moves through the courts, the debate over zoning, economic development policy, and municipal organization continues. Is Hilliard’s desire to preserve this office space simply forward-thinking planning with a focus on patience and preservation of existing assets or are other reasonable options being rejected? The podcast goes jumbo-sized to examine the stakes, the arguments, and the broader implications for Hilliard’s future growth.

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UPDATE

After we ended our recording Chris took some time to explore additional materials and came up with the following:

Recent public legal filings reveal Noor purchased the property at auction for just $2.75 million—a staggering contrast to the under challenge $27 million valuation currently on the books and accruing tax debts. This gap has seemingly prompted the major valuation question on the part of the owner and counter-claim by the city you’ll see in the images below.

From the original valuation challenge by Britton Parkway Holdings, Inc.

From the City’s counter-complaint

The Hilliard Beacon will continue to report on this story as it happens. Please consider supporting Kevin’s work today.