Local REALTORS win challenge on area building moratorium
Homebuilders and REALTORS in central Ohio successfully emerged from a two-year legal battle in early April. The lawsuit, brought by the Building Industry Association of Central Ohio involved a challenge to the city of Pickerington's building moratorium passed in 2003, designed to limit the number of single-family building permits.
The OAR Issues Mobilization Committee recently agreed to provide financial assistance to the Columbus Board of REALTORS, supplementing financial support the Board previously provided to assist the BIA of Central Ohio in defraying legal expenses from the lawsuit. The Ohio Homebuilders Association has also provided financial support.
"The building moratorium negatively impacted existing and approved residential developments because it arbitrarily stopped home construction," said Larry Metzger, executive officer of the Columbus Board of REALTORS. "The precedent of allowing this type of ordinance to take effect without a legal challenge would have empowered every community fighting growth around Ohio and nationwide to enact the same or more stringent laws.
"The moratorium also stifled the demand for housing in Pickerington and forced prospective buyers, many of which were existing Pickerington residents, to either remain in their current housing or build in other communities."
In April 2004 the BIA, the plaintiffs and the city of Pickerington agreed to participation in a mediation process to attempt to develop a settlement to the lawsuit. While the process was not successful, the items that were agreed to served as the starting document for settlement negotiations that that began in August 2004 and concluded in April 2005 with dismissal of the lawsuit.
Among highlights of the settlement agreement:
The OAR Issues Mobilization fund was created to promote the REALTOR position on public policy issues by providing resources to affect the outcome of ballot issues, state and federal legislations, local ordinances, regulations and resolutions.
The OAR Issues Mobilization Committee recently agreed to provide financial assistance to the Columbus Board of REALTORS, supplementing financial support the Board previously provided to assist the BIA of Central Ohio in defraying legal expenses from the lawsuit. The Ohio Homebuilders Association has also provided financial support.
"The building moratorium negatively impacted existing and approved residential developments because it arbitrarily stopped home construction," said Larry Metzger, executive officer of the Columbus Board of REALTORS. "The precedent of allowing this type of ordinance to take effect without a legal challenge would have empowered every community fighting growth around Ohio and nationwide to enact the same or more stringent laws.
"The moratorium also stifled the demand for housing in Pickerington and forced prospective buyers, many of which were existing Pickerington residents, to either remain in their current housing or build in other communities."
In April 2004 the BIA, the plaintiffs and the city of Pickerington agreed to participation in a mediation process to attempt to develop a settlement to the lawsuit. While the process was not successful, the items that were agreed to served as the starting document for settlement negotiations that that began in August 2004 and concluded in April 2005 with dismissal of the lawsuit.
Among highlights of the settlement agreement:
- As Pickerington develops a new comprehensive plan, the BIA will be notified of public meetings and receive all materials regarding the plan. The BIA will be participants in any working groups or committees formed to study or participate in the development of the plan.
- The city cannot impose any limitations on residential development inconsistent with its current or any new comprehensive plan, and the city cannot impose any limitations on residential development inconsistent with the terms of the settlement agreement for five years.
- Any new or increased fees imposed by the city within the next five years must be lawful and will not be applicable to a lot for which a builder has a written contract with a homebuyer at the time any fee increase is adopted.
The OAR Issues Mobilization fund was created to promote the REALTOR position on public policy issues by providing resources to affect the outcome of ballot issues, state and federal legislations, local ordinances, regulations and resolutions.
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