The group calling itself Citizens for Responsible Development spent more than $12,000 fighting the project at the commission level.
Spokesman Tony Collins said the decision to fight the truck stop in court was not taken lightly.
“We spent considerable time and personal resources to conduct extensive research and develop valid legal arguments during the County Commission hearings, so we were disappointed with the decision,” Collins said.
“But, because of the love for our community, the group remains committed for the long term to doing all they can to make sure that growth is aligned with the interests and character of the area. We had no choice but to take this to the next level,” he said.
Pilot Flying J plans to build a $9 million truck stop/travel center on 10 acres that would include 94 overnight parking spaces for truck drivers, a deli, a Wendy’s restaurant with a drive-thru and multiple fuel pumps.
Dozens of residents came to several commission meetings armed with research and presentations, claiming truck stops can be havens for crime, pockets of pollution and have a negative impact on property values. Now, 78 residents have signed on as plaintiffs in the lawsuit.
The group hired attorney Tim Mara — who represented Butler County residents who stopped this week a Kroger Marketplace development in West Chester Twp. — and he found aspects about the truck stop plan that don’t align with the parcel’s zoning.
In the appeal, Mara points out that the Wendy’s restaurant isn’t permitted within the industrial zoning. Sleep-overs in truck cabs also appear to violate the zoning regulations, according to his appeal. He wrote that the Board of Zoning Appeals, not the commissioners, would have to approve automobile fueling stations, among other issues.
“The decision is otherwise unconstitutional, illegal, arbitrary, capricious, unreasonable and unsupported by a preponderance of the substantial, reliable and probative evidence in the whole record and is contrary to the Warren County Zoning Resolution,” Mara wrote.
The resolution that commissioners Pat South and Tom Ariss passed — Commissioner Dave Young voted no — states that Wendy’s is a permitted use, and condition 6 states there can’t be any sleeping in the lounge inside the truck stop, but is silent about in-truck snoozing.
Ariss hadn’t yet read the appeal, but he said they believe the uses they approved are within the law. Representatives from Pilot Flying J could not be reached for comment.
Collins said donations to help them fight the matter in court are welcomed and contributions can be made at any Fifth Third Bank to Citizens for Responsible Development.
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