JUDGE FAVORS CITY IN DISPUTE WITH BUSINESS
“A Montgomery County Common Pleas judge Friday denied a local company’s request for a preliminary injunction against the city of Dayton and the developers of Water Street that sought to prevent the project from moving forward.
The city wants to reopen River Corridor Drive near Monument Avenue, a section closed as part of an easement agreement with Dayton Office Properties, which owns a building at 409 E. Monument Ave.
City officials, who declined comment after the ruling Friday, have said the road’s reopening would improve access to the Water Street site, a roughly $33.5 million mixed-use development featuring housing and office space.
Dayton Office Properties filed a lawsuit against the city and developers Woodard Real Estate Resources and Crawford Hoying Development Partners claiming the parties are conspiring to unlawfully seize its property to increase the value of the development.
The company contends the city is improperly using eminent domain to reclaim the road, which would breach the terms of its agreement. The city has argued that it maintains the right-of-way, and merely wants to re-establish a public road.
Judge Michael Tucker ruled the city has not exercised eminent domain and the court cannot grant injunctions for hypothetical actions that have not taken place.
But Tucker noted the city did not forfeit its right to use eminent domain when it agreed to the easement, and eminent domain when properly exercised takes precedence over all private rights.”
Frolik, Cornelius. Columbus CEO 26 July 2014.