Lawsuit to continue after golf course variance denial

BRUNSWICK HILLS TWP. – After a variance application that would allow for development at Cossett Creek Golf Course was unanimously denied Wednesday by the Brunswick Hills Board of Zoning Appeals, a lawyer representing the potential developer and builder said the battle will continue in federal court. John Slagter with Tucker Ellis LLP said, following a denial to rezone the golf course, the firm had filed a suit against the township in July in Medina Municipal Court but the case was eventually transferred to the federal U.S. District Court for Northern Ohio. The suit alleges the township is illegally preventing the rezoning and development of the land, based on how surrounding land is similarly developed to what is being proposed. "I was not surprised," Slagter said of Wednesday's denial vote. "It seemed from the beginning that they were somewhat predisposed to deny it in my opinion. I clearly believe the decision was wrong legally. The law requires that you cannot treat similarly situated property differently. If you look right next to this property, you have a planned-unit development with density consistent with what we're looking for in residential development. "The law indicates that you have to look at the area around the property and you need to treat similarly-situated property the same. To claim that this piece of property, which is directly adjacent to industrial use zoned property on a main thoroughfare, should be reserved for residential development with a two-acre minimum makes no sense from a planning perspective." Terry Properties and Palmieri Builders, whom Slagter is representing, have been looking to rezone the 187 acres on Center Road that is currently Cossett Creek Golf Course for residential use. In doing that, they have been looking to change that one house per two-acre minimum into a planned mixed-use development that would allow for different types of housing products at a three-unit per acre average. A second variance was also denied, which would have allowed for commercial development on a 10-acre plot of land on Center Road that contains a portion of Cossett Creek. During Wednesday's meeting, one individual testifying in favor of the variance said there was a deal in place with the gold course to sell the property to Terry Properties for development if it is rezoned. Slagter confirmed that deal Friday. After originally being denied the rezoning, the group then filed for the variance applications which would achieve the same desired effect. Slagter said Thursday that had the BZA approved the variance applications, the suit would have been dropped. The case is set to go to trial early next year. "The main point is, we want a density consistent with what other properties around us have been developed," Slagter said. "Three units per acre, which is consistent with what is around us as opposed to one home on two acres. Brunswick Hills Board of Zoning Appeals Chairman Cliff Kersten did not return requests for comments. Contact reporter Jack Kopanski at (330) 721-4063 or jkopanski@medina-gazette.com.