NEWS

Mansfield City Council tables home protection bill

Courtney McNaull
Reporter
David Remy opposes the Mansfield Home Value and Family Protection Act while addressing Mansfield City Council on Tuesday.

MANSFIELD — Mansfield City Council on Tuesday tabled legislation intended to give homeowners legal recourse against development that goes against zoning laws and would hurt their property values.

Fifth ward councilman and zoning committee chair Jason Lawrence moved to table and send back to committee the proposed Mansfield Home Value and Family Proection Act, a bill which he had sponsored and introduced to council for a first reading last month. The bill was written by city law director John Spon.

The motion to slow the bill came after dissent during the public comment portion of the meeting from David Remy, who is running against incumbent city law director John Spon. Spon authored the legislation, which was to be read by council a second time Tuesday and then potentially voted on after a third reading at the council's next meeting later this month.

"I think as a whole, it's unnecessary and unneeded," Remy said of the bill, adding that he believes the city's existing zoning laws already work to protect homeowners in residential areas from developments such as fracking and injection wells.

Remy also argued that the legislation does not protect property owners in areas zoned for business and that it may be difficult to enforce because of the difficultly of determining how much a property's value would decline if proposed development were allowed.

As an example, Remy cited housing units along Trimble Road from Cook to Millsboro roads as areas that would not be protected under the proposed legislation because of the way they are zoned.

Remy said it seemed the legislation was being "rammed" through council and questioned why it needed to be enacted now.

Spon disagreed, saying the legislation is needed and should be enacted quickly to protect homeowners in residentially zoned areas as soon as possible.

He cited a dissenting opinion from Ohio Supreme Court justice William O'Neill after the court's decision in February that Ohio has “sole and exclusive” authority over oil and gas production.

"The oil and gas industry has gotten its way, and local control of drilling location decisions has been unceremoniously taken away from the citizens of Ohio. Under this ruling, a drilling permit could be granted in the exquisite neighborhoods of Upper Arlington, Shaker Heights, or the village of Indian Hill," O'Neill wrote.

Spon said he is working on separate legislation to protect property owners in areas zoned for business.

The zoning committee will discuss the legislation further and then may bring it back before council at its next meeting, which has been rescheduled for Oct. 19.

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