The city of Rossford does not appear to be backing down in an ongoing dispute with the Rossford school board on whether the district has to follow the city’s land-use requirements and municipal-zoning procedures in constructing an elementary school.
Demands from the city regarding new-school construction led to the board of education filing a lawsuit April 23 in Wood County Court. The city filed its response June 22, refuting nearly every claim the board made.
The conflict stems from the new Glenwood Elementary building on Lime City Road. The school board alleges the city ordered the district to make certain improvements before approving final site plans — including new sidewalks, a turning lane into the school, and upgrading the intersection of Lime City and State Rt. 795.
The school district’s lawsuit argues sidewalks are not part of the city’s zoning requirements and would cost an additional $200,000. A letter from city Law Director Kevin Heban to the school board’s attorneys acknowledges the city’s zoning laws do not require sidewalks. However, Mr. Heban references a chapter in the Rossford Municipal Code saying the city can force a property owner to install them.
The city responded by refuting the school district’s arguments that its requested improvements are not necessary while arguing the city’s zoning map and municipal code apply to the schools.
“The board has nonetheless commenced construction of the elementary in a manner not compliant with the city’s requirements for final site plan approval and without issuance of a zoning permit by the city,” the city’s response shows.
With the two sides at an impasse, Judge Alan Mayberry will likely make a declaratory judgment to resolve the dispute.
“I can’t see either side appealing it,” Mayor Neil MacKinnon said. “Pretty soon, you'll be spending more on attorney fees than the actual improvements. I think both sides want to get it resolved so we can move forward.”
In the meantime, school district spokesman Matt Thompson said no construction has been delayed by the court battle.
The district started the bulk of its $70 million facilities project this summer. The new Glenwood Elementary will house all of the district’s elementary students.
Rossford Superintendent Dan Creps declined to comment when contacted by The Blade.
Contact Jay Skebba at jskebba@theblade.com, 419-376-9414, or on Twitter @JaySkebba.
First Published July 15, 2018, 7:14 p.m.
