A group of eight residents has formally filed a lawsuit against the city of Waterville over last month’s amphitheater decision.
Timothy Plowman, Jacqueline Schluter, Steven Letzring, Stephani Letzring, Colleen Harrell, Matthew Harrell, Adam Freeman, and Michelle Freeman, all residents of the Mill Creek subdivision close to the proposed amphitheater site off State Rt. 64 near U.S. 24, filed the suit Dec. 21.
The court action adds to an already full legal plate for Waterville, where amphitheater opponents have called for a referendum on city council’s zoning ruling in the project’s favor and petitions are circulating for recall of two councilmen.
“I for one am glad that the city charter and code are on the side of the citizens,” Mr. Plowman said in a Facebook post marked Dec. 22.
In an interview, Mr. Plowman reiterated that his group’s appeal is directly based on city law and guidelines he thinks all developments should follow.
“We believe city council did not pay any due respect to the city code or our city charter when they made that decision,” he said Friday of the 4-2 vote by which the amphitheater ordinance passed city council Nov. 28. “I have found a lot of the city’s choices in how they have done things to be confusing and contradictory, and I feel like this is a necessary course of action to make sure our city code and charter are followed.”
Families — and the ability to raise them in a quiet, conducive environment — are among main concerns on the plaintiffs’ minds, Mr. Plowman said.
“We believe that the city code protects against children being kept up at night for commercial interests,” he said. “This is a community that prides itself on being a great place to raise your family, and when your children cannot sleep, you lose that. Luckily, decades ago when the code and charter were written, that was taken into consideration, to protect all of us from the type of things that the amphitheater would damage in our lives.”
Mr. Plowman said his group’s resolve to keep fighting is stronger than ever, and the families and children of the community are depending on it.
“Our mayor has said that he really wants the city to unite when the process is over,” Mr. Plowman said. “What he fails to see here is that the city is already united — united against this thing. This community has come together in opposition because we care about each other.”
Waterville Mayor Timothy Pedro did not respond Friday to telephone and email requests for comment.
The suit has been filed by Jeffrey Stopar of Toledo-based Semro, Henry and Barga, the law firm that represented the same resident group during city council’s final meetings regarding the amphitheater discussion.
The matter is being filed as an administrative appeal, which will be reviewed by Lucas County Common Pleas Judge Lindsay Navarre.
“Appellants perfect this appeal on questions of law and fact,” said the notice of appeal sent to the city of Waterville, obtained by The Blade Friday. “Appellants intend to assert, in addition to other arguments, that the action of the city of Waterville is illegal, unreasonable, and unsupported by a preponderance of substantial reliable and probative evidence.”
This sentiment was echoed by Mr. Stopar himself.
“We are confident that the law, the facts, and the record, present strong arguments in our appeal,” Mr. Stopar said.
First Published December 30, 2022, 7:12 p.m.
