Oakwood facing two lawsuits over proposed condo development

City residents and developers suing over different issues.


Unmatched coverage: The Dayton Daily News has provided continuing coverage of the development of the Pointe Oakwood residential community and the surrounding area. We will continue to keep you updated on this important story.

Two lawsuits have been filed against the city of Oakwood over a proposed condominium development.

Fifteen residents who live in the Pointe Oakwood development where condos are proposed nearby filed one of the lawsuits.

The developers of the proposed condos filed the second lawsuit.

Hills Developers proposed building The Pointe, a 32-unit condo complex on the corner of Far Hills and West Schantz Avenues and The Trails, an 84-unit condo development, at Pointe Oakwood.

The residents are seeking to stop construction of the 32-unit complex. City Council approved an amendment to the project’s master plan to allow the developer to move forward with that part of the development.

Tim Mara, an attorney representing the residents, said the previous plans were for a smaller development.

“The city had previously approved for 23 units,” Mara said. “Increasing the density to 32 is just too much.”

City Council approval, in a 4-0 vote, came after a 6 ½ hour, meeting in February that included residents expressing their opposition and Hills Developers and representatives of property owner Oakwood Investment Group making a nearly three-hour presentation.

Mara said residents oppose the project because they expected much of the land to be open space.

“They made the decision to buy homes based on the presentation by the builder that showed the entire area would be single family homes or low density multi-family homes,” Mara said.

Jeannie Randall, is not part of the lawsuit, but has lived in the Pointe Oakwood development for several months. She said she fears new condominiums would significantly increase traffic in the area and affect property value.

“When you bring more people in it is going to lose the feel of the neighborhood,” Randall said. “I think it is going to drive the prices of these homes down.”

In the second lawsuit, Hills Developers and Oakwood Investment Group are appealing the city’s rejection of The Trails, which included two 42-unit buildings with a pool and a club house between them.

Those condos would have been owned by the developer and leased, at least in the beginning. City Council rejected the proposal in a 3-1 vote.

The developers did not respond to requests for comments on the lawsuits. The city declined to comment on either lawsuit.

Council approved final legislation on March 14. Both lawsuits were filed in Montgomery County Common Pleas Court in April.