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Commercial rezoning staves off challenge
(by Joseph Koziol Jr. - December 30, 2008)
Commercial rezoning staves off challenge
By Joseph Koziol Jr.
Hopes of challenging a Claridon Township rezoning were shot down recently by the Geauga County Board of Elections.
Arch Kimbrew, Geauga County Board of Elections director, said the referendum petitions submitted by resident Ann Larson-White were invalidated Dec. 12 after election officials reviewed the petitions.
Mr. Kimbrew said the petitions were invalidated because of insufficient signatures.
The petitions contained 104 signatures and needed 99 valid signatures for the issue to make it to the May ballot. However, Mr. Kimbrew said, only 97 of the signatures were deemed valid.
He said the signatures must come from persons who are registered voters and they must be registered at the address given on the petitions. Seven of the signatures came from residents who were not registered to vote.
Mr. Kimbrew said the board of elections always recommends that those seeking petitions acquire many more than required to assure situations like this do not occur.
He said there can be no further challenges to the rezoning now that the initial attempt has failed.
The law requires that any referendum petition be filed with the board of elections within 30 days of the date the government officials take action on the issue that is to be challenged.
Because Claridon Township Trustees took action on the rezoning in mid-November, the 30-day window has lapsed for filing another petition.
"They can't recirculate it or add to it," he said.
The rezoning, which changed residentially zoned properties to commercial land, primarily affects the vicinity of Mayfield (Route 322) and Old State roads.
Mrs. Larson-White, whose family lives near the area affected, spoke against the rezoning at a November public hearing on the matter before trustees.
Mrs. Larson-White said many of the township's existing commercial properties remain vacant. She said it would be wiser to phase in the rezoning in smaller increments to gauge its success before rezoning more land.
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