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MIDDLETOWN — One major legal hurdle was overcome, but a pending lawsuit, possible referendum petition and project approvals remain for a proposed $340 million cokemaking plant.

Now, SunCoke Energy officials will focus on two upcoming hearings this month — one Aug. 19 before Middletown City Council and a second on Aug. 21 before the Ohio Environmental Protection Agency.

An agreement was reached Thursday, July 31, among Garden Manor Extended Care, the city of Middletown and Tennessee-based SunCoke in Butler County Common Pleas Court to move the proposed cokemaking and electric cogeneration plant about 4,000 feet east of the 157-acre Bake-Martin parcel toward Yankee Road. The original site would be used for coal unloading, storage equipment and a rail track. Garden Manor filed suit in May, alleging the city did not follow procedures when it approved rezoning of the land from residential to industrial.

Ryan Osterholm, SunCoke's director of project development, said the company has not yet completed the purchase of any of the properties, as of yet but anticipates a closing within the next 30 to 60 days. However, there is one lawsuit pending on the land sale; Monroe residents Frank and Joan Schiavone are claiming the rezoning has adversely affected their property value.

Also, Lisa Frye, who lives near the Bake-Martin farm, said she will be submitting a petition by Monday, Aug. 4, to Middletown's Law Department to seek a referendum vote to the city's charter on rezoning issues.

According to the permit application submitted to the Ohio EPA, the facility will consist of 100 heat recovery coke ovens in three batteries. It will be capable of coking 910,000 tons of coal per year for AK Steel's exclusive use.

The state EPA, which issued a draft permit on July 18, has set limits on the amount of emissions the facility is allowed to produce, said agency spokeswoman Heather Lauer.

The draft permit is available to view at www.epa.state.oh.us/pic/middletowncoke.html.