Statement on the Powell Charter Amendment

FOR IMMEDIATE RELEASE

(POWELL, Ohio)—April 22, 2016—The City of Powell announced today that it will not appeal a ruling made by the Federal Court regarding a citizen-initiated Charter Amendment. The Federal Court ruled on Friday, March 25, 2016 that a Charter Amendment approved in late 2014 by Powell voters is unconstitutional.

The Court stated that the Powell Charter Amendment is an unlawful delegation of legislative power and also determined that Powell Crossing, LLC. is entitled to permanent injunctive relief and invalidated the Charter Amendment in its entirety. Damages are still unknown at this time.

“The City of Powell has complied with all applicable laws from the inception of the Powell Crossing development to present day,” said City Manager Steve Lutz. “The City has heard and acknowledged the voices of its residents regarding development and the quality of life that makes our City such a great place to live.”

In late 2014, the Center for Powell Crossing, LLC. brought an action against the City of Powell for preliminary and permanent injunctive relief, declaratory judgment and damages in the United States District Court for the Southern District of Ohio.

Powell Crossing purchased a tract of property in Powell’s downtown business district. Developers proposed a mixed use development that would include 14,000 square feet of retail, office space and 64 apartment units. The development plan was approved by Powell City Council in June, 2014. A group of residents challenged the City’s approval of Powell Crossing’s development plan through a Charter Amendment initiative.

“We sought and received guidance from the District Court regarding the merits of the Charter Amendment and its impact on the Powell Crossing Development,” said Lutz. “The City is satisfied with the legal analysis conducted by the Court and now has the guidance necessary to move forward with the development process while embarking on the damages phase of this litigation.”

The City will not issue further statements regarding this ongoing legal matter until it concludes.

“Our residents can rest assured that any future decisions will be made in compliance with the law and in the best interest of our community,” said Lutz.

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