Golf Vill. N., LLC v. City of Powell

338 F. Supp. 3d 700
District Court, S.D. Ohio·Decided September 6, 2018·No. Case No. 2:16-cv-668·Published·Cited by 5 cases

Opinion

MICHAEL H. WATSON, JUDGE

Defendants the City of Powell and David Betz ("Betz," collectively, the "City" or *703"Defendants") move to dismiss the First Amended Complaint, ECF No. 45, filed by Golf Village North, LLC and Triangle Properties, Inc., (collectively, "Golf Village" or "Plaintiffs"). Mot. Dismiss, ECF No. 50. For the following reasons, the Court DENIES Defendants' motion.

I. BACKGROUND

This dispute involves two parcels of real property owned by Golf Village covering approximately 8.1 acres located in Powell, Ohio, at the northeast corner of Sawmill Parkway and Seldom Seen Road ("Property"). The Property is currently vacant and zoned for planned commercial use. Plaintiffs seek to develop a portion of their planned development, the Golf Village Community, as a residential hotel.

In April 2016, Plaintiffs, through counsel, sent a letter to the City of Powell's Director of Development, Betz, seeking approval of their proposed use of the Property. Plaintiffs requested a "prompt decision pursuant to Section 113.05(a) [of the City's Zoning Code] that the proposed residential hotel is a permitted use" so that they could then submit a final development plan to the City for approval. Ex. 3 at 6, ECF No. 45-3. A month later, on May 5, 2016, Betz responded, declining to provide Plaintiffs with the requested decision. He stated that the Zoning Code does not establish a process for providing applicants with "advisory opinions," but instead requires "that an applicant must submit a full and complete application" for "a Zoning Certificate approval." Ex. 4 at 3, ECF No. 45-5.

Thereafter, on May 24, 2016, Plaintiffs submitted an Application for Appeal to the City's Board of Zoning Appeals challenging the Zoning Administrator's decision not to provide Golf Village with the requested interpretation of the Zoning Code. No hearing was held. On June 9, 2016, however, the City's Law Director emailed Plaintiffs, asserting that the Zoning Administrator's May 5, 2016, response was not an appealable administrative action. For that reason, he stated, the City would take no action on Plaintiffs' Application for Appeal.

On July 8, 2016, Plaintiffs filed a Notice of Appeal in the Delaware Court of Common Pleas, appealing the City's June 9, 2016 refusal to hear their administrative appeal.1 See Golf Vill. N., LLC v. City of Powell, Ohio , 2018-Ohio-151, ¶¶ 5-7, 2018 WL 456217, slip op. at *1 (5th Dist.) (recounting procedural history of trial court proceedings). On March 15, 2017, the trial court dismissed Plaintiffs' appeal. Id. The court found that dismissal was warranted in part because Plaintiffs had not received a final appealable order and therefore the court had no subject matter jurisdiction. Id. The trial court also held that the City's zoning code is not unconstitutionally vague, that there was no violation of due process, and that there was no Equal Protection violation. See id. at ¶¶ 8-13, *2. Golf Village appealed the trial court's decision to the Fifth District Court of Appeals. On January 11, 2018, during the pendency of this motion, the Fifth District affirmed the trial court's dismissal, holding that "because there was no final appealable order *704... [t]he trial court ... did not have subject matter jurisdiction." Id. at ¶ 22, *3. Thereafter, Plaintiffs appealed to the Supreme Court of Ohio who declined to accept jurisdiction of the appeal. Golf Vill. N., L.L.C. v. Powell , 2018-Ohio-1990, 152 Ohio St. 3d 1482, 98 N.E.3d 296 (table) (Ohio 2018).

On July 11, 2016, days after filing their state court action, Plaintiffs also filed the present case. In this federal action, Plaintiffs bring the following claims against the City, all under 42 U.S.C. § 1983 : (1) deprivation of property and liberty interests without due process of law; (2) deprivation of property and liberty interests without due process of law by refusing to hear their appeal; (3) unequal protection of the law; and (4) deprivation of property and liberty interests pursuant to an unconstitutionally vague act. Plaintiffs also request a declaratory judgment that Defendants violated the zoning code.

After Plaintiffs filed their First Amended Complaint, ECF No. 45, Defendants moved to dismiss. ECF No. 50. Plaintiffs opposed the motion, ECF No. 52, and Defendants replied, ECF No. 53. This matter is now ripe for the Court's review.

II. STANDARD OF REVIEW

Defendants move to dismiss Plaintiffs' Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1). Rule 12(b)(1) permits dismissal for lack of subject-matter jurisdiction. Fed. R. Civ. P. 12(b)(1). The Supreme Court has explained that subject matter jurisdiction is a threshold determination. See Steel Co. v.

Free access — add to your briefcase to read the full text and ask questions with AI

Golf Vill. N., LLC v. City of Powell, 338 F. Supp. 3d 700 (S.D. Ohio 2018).

338 F. Supp. 3d 700 (Golf Vill. N., LLC v. City of Powell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related