The Tipp City Council voted Monday, Sept. 8, to reject the final plan for phase one of the Cedar Grove subdivision proposed for 71 acres south of West Kessler-Cowlesville Road.
The council previously halted plans for the subdivision when no council members stepped forward to second a motion for a vote on the ordinance Aug. 4. Council was told the ordinance “died” for the lack of a second.
Cedar Grove developers, Talismanic Properties of Troy, and others subsequently filed a suit against the city and council in Miami County Common Pleas Court.
The suit claims council violated the state public meetings law and allegedy discussed how to vote on the development in closed executive session.
Three council members voted to approve the development’s phase one Monday, while four others voted against the phase one plan. Some council members said they didn’t think the city needed to grow further or they had heard concerns about whether this was the time for the particular residential development proposed. “I am not in favor of continuing to expand Tipp City,” Mayor Pat Hale said.
Jeremy Tomb, a Troy lawyer representing Talismanic Properties, said he was not surprised, but disappointed, by the vote. “We hoped we could move forward,” he said. NANCY BOWMAN, CONTRIBUTING WRITER
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