That ruling upheld a Montgomery County Common Pleas Court decision in January that overturned City Council’s 2023 rejection of the site-plan application. The proposal, from Sheetz, Hemmert Far Hills, and developer Skilken Gold’s Morse Road Development, would redevelop the Elsa’s Mexican Restaurant property on Far Hills Avenue.
Centerville appealed the lower court’s ruling in January.
This news outlet reached out to a city spokeswoman about the appeal and received a comment that said the city “has filed an appeal asking the Ohio Supreme Court to review the decision of the Court of Appeals that upheld the trial court’s decision allowing the Sheetz development.”
“Centerville strongly believes this case raises important questions about local land-use authority and our elected officials’ ability to make responsible planning decisions that reflect community values,” the city said in the comment. “City Council unanimously determined the character of the Sheetz proposal was not consistent with the surrounding properties as required by Centerville unified development ordinance. We continue to believe that those closest to our residents’ needs should retain the authority to make these critical decisions.”
The Dayton Daily News reached out to attorneys for Sheetz, Elsa’s and Skilken Gold for comment.
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