Hinckley Township moves forward with another appeal of Drug Mart annexation

HINCKLEY TWP. — The Hinckley Township trustees will appeal the Medina County Court of Common Pleas decision on the Drug Mart annexation to the 9th District Court of Appeals. Earlier this month, the Common Pleas Court affirmed the Medina County commissioners' decision to approve the annexation of just over five acres of property at the corner of Center Road and West 130th Street from Hinckley Township to the city of Brunswick. During a meeting Tuesday, Vice Chair Monique Ascherl and Trustee Melissa Augustine voted to appeal again, while Chairman Jack Swedyk voted against it. Swedyk said the applicant has the opportunity to correct the defects with the annexation that the township is alleging. For instance, attorney Al Schrader, who has been representing the township regarding the annexation, voiced concerns about road maintenance and safety services responding to the area during a public hearing held April 11. "I think that everything that was cited, even with police and fire, those are things that go on in every community," Swedyk said. "I just don't see it as something that's winnable, but that's my opinion on it." At the Hinckley Board of Trustees meeting on Nov. 7, Ascherl said that Schrader also represented Eaton Township in a similar annexation appeal. In that case, the 9th District Court of Appeals ruled in favor of Eaton Township. During Tuesday's meeting, Augustine said Hinckley should work with the city of Brunswick and create a Joint Economic Development District in the meantime. A JEDD is a district created between a municipality and a township to promote economic development. JEDDs usually involve shared income tax collections and don't necessitate annexation. "It's a way for Hinckley to maintain its borders," she said. "I hope that the next board considers at least looking into a JEDD. That's just my opinion." Pursuing a JEDD is a conversation that should be had after the annexation appeal process is over, Ascherl said. "If we enter into a JEDD, that's not going into an agreement as equal partners," she said. "That is going into an agreement with us being the child, and Brunswick being the parent telling us what they will allow us to have. It's not a partnership." The two sides would have to explore what the parameters would be for a JEDD first to determine the equality in a partnership, Augustine said. On June 7, 2022, Ascherl and Augustine voted against establishing a Community Reinvestment Area (CRA) for the Drug Mart property that would give the company a 50 percent tax abatement for 15 years. The trustees later revisited the CRA at their April 4 meeting and approved it. Attorney Dan Calvin, who represented Drug Mart, said during the April 11 public hearing that the CRA was a big factor to be considered along with things like the ease of working with the city's Building Department. Drug Mart would receive a 100 percent tax abatement for 15 years in the city of Brunswick. The commissioners granted the petition for annexation on May 9 because they said Drug Mart met all conditions required. On Tuesday, the trustees also passed a resolution to hire Schrader in an amount not to exceed $15,000 to continue being the township's legal counsel for the case. The township previously put around $30,000 toward it. Contact reporter Madisyn Woodring at (330) 721-4049 or mwoodring@medina-gazette.com.