A resident whose signature was called into question testified during a Jan. 21 hearing in Greene County Common Pleas Court that he didn’t sign the petition himself because of health problems. He authorized another person, Terri Pence, who was circulating part of the petition, to sign on his behalf.
“The board finds that Ms. Pence was aware that her conduct was of a certain nature,” said Doris Adams, an elections board member. “The fact that she was mistaken about what she was permitted to do does not save the petition.”
Under state law, if a person circulating a petition knowingly allows a person to write a name other the individual’s own name on a petition paper, that petition paper is invalid.
According to the board, when Pence signed the resident’s name, her actions invalidated 34 signatures, causing the petition to lack the required 722 signatures.
The referendum will appear on the March ballot with a notice that votes will not be counted, said Llyn McCoy, the Greene County Board of Elections director.
The elections board decision comes after three Fairborn residents and a Cemex plant manager filed a petition on Dec. 21 protesting the referendum.
Some property owners who live near Cemex’s mineral quarries challenged the cement manufacturer’s plan, which includes blasting on land 250 feet from residential properties on West Enon and West Hyde Roads. The property owners said it will lower property values, hurt their quality of life and create safety concerns.
Karen Combs, a Fairborn resident who helped collect signatures for the referendum, said the quarry will be too close to residential homes. Combs said she and others who support the petition will consult with legal counsel to figure out their next move.
“We believe that’s dangerous and unconscionable, and we’re going to continue to push forward on that,” she said.
Rusty Strader of Cemex issued a written statement that said the company was pleased with the decision.
“Our operations will continue to provide quality jobs and locally sourced materials to the region,” he wrote.
Fairborn Mayor Dan Kirkpatrick said he believed the issue had come to an end and no additional legal recourse could be taken to reverse the decision.
“I think what the board has decided was a correct legal decision,” he said. “There were not enough valid signatures.”
About the Author