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MIDDLETOWN — The city's decision to re-enact the entire rezoning process for the 157-acre tract of land targeted for a proposed $340 million cokemaking and electric generation plant apparently pleased some opponents who said not enough time was spent discussing and reviewing the issue.

Shane Craycraft, administrator of Garden Manor Extended Care Inc., said he was "pleased that the city was going to redo the zoning code."

Garden Manor filed a lawsuit on May 13 in Butler County Common Pleas Court against the city as well as Middletown City Council and Middletown Planning Commission.

Among issues raised in its lawsuit, Garden Manor alleged the city failed to follow its own procedures when it rezoned the land to an industrial zoning classification to allow the plant to be constructed.

The health care facility, which is located inside the city limits, employs more than 400 and has 350 residents, according to Craycraft.

"I have to say that points of the lawsuit were valid because of the inappropriate procedures," he said. "Overall, we're happy because it gives the city and the community a chance to discuss the issues."

Craycraft said locating the proposed cokemaking and electric generation plant between Amanda Elementary School and Garden Manor "is still ludicrous."

Sara Mills, Middletown's assistant law director, said the emergency ordinance approved on May 6 "is still on the books," and Mills reiterated that the city acted properly in the rezoning of the property, but that it faster and cheaper re-enact the ordinance than to litigate the allegations in court.

She anticipates the current ordinance will remain in place the until council amends the zoning code, repeals the current ordinance and re-enacts the new ordinance.

Do-over 'a credit' to city, SunCoke

Opponents of a proposed cokemaking and electric generation plant said they were pleased with an effort by the city of Middletown and SunCoke Energy Inc. to restart the entire process to rezone 157 acres between Ohio 4 and Yankee Road.

Frank Schiavone, of 6978 Hamilton-Middletown Road, whose property is adjacent to where the proposed plant will be located, said Friday, June 6, he "was on top of the world for a number of reasons."

"It's a real credit to the city and SunCoke for taking the time to study the regional impact of the project and the people," he said. "It's a life-changing decision and it's a regional decision."

Schiavone and his wife, Joan, filed a lawsuit May 5 in Butler County Common Pleas Court against property owner Dr. Theodore Martin and Martin Meadows Limited Partnership, to block the sale to Tennesse-based SunCoke. The Schiavones claim in the civil suit that news of the project has devalued their property from $575,000 to $200,000.

A motion hearing has been set for July 18 before Butler County Common Pleas Judge Keith Spaeth.

The zoning issue will go back to the city planning commission and then back to City Council.

Mark McCormick, SunCoke's general counsel, said his company contacted the city last week about re-enacting the ordinance City Council approved May 6 as an emergency measure. The company made a formal request this week, he said.

"We don't think the litigation has any merit or that the city erred in any way," he said. "This is the most expeditious way to address the issue and eliminate any potential uncertainty in the process of purchasing the land."

AK Steel Corp. has signed a 20-year agreement with SunCoke to be the exclusive customer for the new plant's coke and electricity. AK spokesman Alan McCoy said he thinks city officials understand the importance of the potential project to AK Steel and Middletown.

"We concur it appears to be the most expedient way to deal with minor procedural issues that have no bearing on the underlying zoning change," McCoy said.

Lisa Frye, a Niederlander Lane resident who opposes the plant to will be built near her home, said petitions with more than 2,000 signatures of Middletown residents were filed with the city late Thursday afternoon.

Sara Mills, Middletown's assistant law director, said the petition would be reviewed "in an appropriate manner at the appropriate time."

On Monday, the Monroe Board of Education will consider a resolution opposing the location of the proposed SunCoke plant.

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