The developer behind a long-delayed redevelopment project in Upper Arlington has sued the city over work a private contractor has been hired to do.
Golden Bear Development filed a lawsuit in Franklin County Common Pleas Court on April 23 asking for a court order barring the contractor from doing work on the property site. The lawsuit also asks that the developer not be held financially responsible or forced to pay Upper Arlington the costs of work done on the site.
The property, located near the intersection of Riverside Drive and Fishinger Road at the former Golden Bear Shopping Center, has been the site of ongoing construction since 2018.
Arcadia Development, which uses the entity Golden Bear Development LLC for this project, has been the subject of scrutiny by the city of Upper Arlington and its residents following the demolition of the former shopping center in 2023. Since then, Arcadia has changed its plans for the still-vacant site, allowing its building permits to expire in October 2025 after no new construction began, despite extended grace periods.
The Dispatch has reached out to the city of Upper Arlington for comment. A hearing has not been set to rule on the request for a preliminary injunction or restraining order.
According to the lawsuit, the original building permit expired on Oct. 30. The next day, Upper Arlington issued a notice of violations of the city’s property maintenance code to the developer.
“Defendant was fully informed of the changes and the fact that Plaintiff was pursuing a larger footprint, which would essentially require the city’s approval process to start over,” the lawsuit says.
The development of a five-story mixed-use building totaling 273,000 square feet was previously approved by Upper Arlington. But after Arcadia purchased the adjoining Arby’s site to expand the project in fall 2025, managing director Scott Patton told The Dispatch the company intentionally let its permits expire to redesign the project.
Because the site remains empty, the city gave the developer until Jan. 6 to remedy some violations of the property maintenance code and until April 6 for other issues because they may have been impacted by winter weather.
Before that re-inspection date in April, Upper Arlington published a bid opportunity on March 30 for a private contractor to do work on the site. The work included leveling the site to its original grade, reseeding grass, and adding a gravel path, according to the lawsuit.
Upper Arlington previously told The Dispatch the city planned to have the work done as early as April 13 at Arcadia’s expense.
On April 16, Upper Arlington entered into an agreement with a private contractor for more than $100,000 worth of work, the lawsuit said.
The developer said in the lawsuit that concerns were raised about the work causing damage to the work already done on the site.
The day after the agreement was reached, on April 17, the developer sent a notice to the city that no contractors would be allowed on the site without a court order.
The lawsuit said the development company applied for a variance on April 23 that would allow for certain requirements of the property maintenance code not to be enforced.
The city has not responded to the request for the variance or requests for information about the requirements for meeting the property maintenance code, according to the lawsuit.
Actions toward the development have been “arbitrary and capricious,” the lawsuit said.
Reporter Bethany Bruner can be reached at bbruner@dispatch.com.
This article originally appeared on The Columbus Dispatch: Developer sues Upper Arlington over work at former Golden Bear site
Reporting by Bethany Bruner, Columbus Dispatch / The Columbus Dispatch
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