A panel of U.S. appeals court judges has sided with the city of Worthington, the latest update in a multi-year legal saga about the plans for a large plot of land on High Street.
The U.S. 6th Circuit Court of Appeals panel sided with a U.S. District Court ruling against Lifestyle Communities, which has alleged that the city went “too far” in restricting what could be built on the 38-acre former site of the United Methodist Children’s Home.
“The city is pleased that the 6th Circuit Court of Appeals affirmed the district court’s ruling in favor of the city, affirming the city’s discretion in denying the rezoning request. While Lifestyle has the right to seek further review by the courts, the city appreciates the well-written opinion upholding the city’s zoning authority,” Worthington spokesperson Anne Brown said in a prepared statement.
Requests from The Dispatch for comment from Lifestyle Communities were unanswered.
Lifestyle Communities bought the land in Worthington for residential and commercial development at 1033 N. High St. before the city approved a rezoning request. Nearly 75% of the property included a zoning restriction that only parks, hospitals, churches, schools and other public-use property would be allowed there. But the city’s comprehensive land use plan revised in 2014 calls for a mixed-use development with some greenspace.
The United Methodist Children’s Home shut down in 2010 and Lifestyle Communities had been working on plans for the land since at least 2015, according to the appeals court decision. The developer signed a contract to purchase the land in 2017 that included a contingency about the zoning, but eventually waived that and the transaction was finalized for $5.2 million in January 2021.
Worthington’s planning commission and City Council denied the application for rezoning, citing concerns about density on the project and lack of greenspace in 2022. Instead of submitting a new application, the developer sued the city in federal court on several grounds, including free speech, retaliation and equal protection.
Lifestyle Communities had revised their proposal multiple times. Initial plans called for the development to include 571 residences and commercial space. The number of residential units later shot up to 725, then was reduced to 600.
“Some residents have encouraged council to purchase the property, however Lifestyle Communities has not indicated that they have any interest in selling the property to the city,” according to a city webpage. “The city’s legal team will continue to vigorously defend the city’s interests. We look forward to a productive use of the property in the future.”
Anna Lynn Winfrey covers the northwestern suburbs for the Columbus Dispatch. She can be reached at awinfrey@dispatch.com.
This article originally appeared on The Columbus Dispatch: Appeals court judges side with City of Worthington over developer
Reporting by Anna Lynn Winfrey, Columbus Dispatch / The Columbus Dispatch
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