AMHERST TWP., Ohio — A developer is seeking legal action connected to a contentious housing development proposed for a rural section of Lorain County.
An attorney representing Builders and Developers Co., Inc. recently filed a petition with the 9th District Court of Appeals, asking the court to compel the Lorain County Board of Commissioners to approve an annexation request.
In August, News 5 first reported on the proposal to build a single-family housing development on 65 acres north of Albrecht Road, between Bechtel and Fowl roads. The developer said it asked Elyria to annex the property from Amherst Township so it could tie into the city’s sanitary sewer system.
Additionally, Elyria would handle street maintenance and emergency services.
RELATED: Elyria considers annexing Amherst Twp farmland for housing development
Some Elyria city leaders said the new neighborhood could help address a need for single-family housing and a declining workforce.
But the proposal was met with frustration by some neighbors who worry it could change the community’s rural character.
Amherst Township neighbor Missie Lockridge told News 5 her father built her current home with plans to spend his golden years with his wife at the property.
“I have memories of him here. And I’d like it to stay that way for that,” Lockridge said.
She inherited property with sweeping farmland views after her parents’ deaths in recent years.
“I just feel like they left this to me and now it’s just different from what he had wanted and what he had planned for it,” she said.
Gary Payne is building a residence at the rear of his pole barn in adjacent Elyria Township. He said he appreciates the rural setting and worries what could happen with an influx of housing.
“It’s definitely going to change it, not for the good either,” Payne said.
Under Ohio law, the type of annexation the developer is seeking requires approval from the county if the proposal meets all legal criteria.
During a Lorain County Board of Commissioners meeting in late August, several parties disagreed over whether those requirements had been met.
“[The developer’s attorney] Mr. Clark believes they’ve met all of the conditions. We believe they have not,” said Neil Lynch, an Amherst Township Trustee during the meeting.
Amherst Township trustees passed a resolution objecting to the annexation in July. The trustees said there were discrepancies between the acreage on the developer’s map and its legal description.
Jon Clark, an attorney representing the developer, said that issue had been resolved.
“I think all of the matters that you need to consider have been satisfied. And your decision is based solely on those factors,” he told the commissioners in August.
The Board of Commissioners ultimately rejected the annexation in a 2-1 vote.
That decision prompted Clark’s recent filing, asking the court to force the board to accept the annexation request.
As of the time of reporting, the county had not filed a response. The board president told News 5 the county could still work with the developer to move the process forward.
Some residents previously expressed concern that approval of the annexation could lead to additional annexation activity involving a nearby “mega site.” The developer has said that is not under consideration.
While the legal process continues, some neighbors hope the area remains unchanged.
“I would like to see it stay peaceful and quiet out here,” Lockridge said.
Catherine Ross is the Lorain County reporter at News 5 Cleveland. Follow her on X @CatherineRossTV, on Facebook CatherineRossTV or email her at Catherine.Ross@wews.com.
