Chardon won’t appeal Ransom Sage Farm ruling

Law director cites insufficient grounds to fight detachment decision

Chardon leaders have decided to bow out of their attempt to keep Ransom Sage Farm.

City Council met in executive session Feb. 20 and discussed, among other things, this week’s court ruling in favor of farmer Ben Sage returning his land to Chardon Township.

“The city of Chardon is not planning to appeal the court’s decision ordering detachment of the Sage property from the city,” Law Director James M. Gillette said. “There are insufficient legal grounds to support an appeal of Judge Paschke’s decision.”

Geauga County Common Pleas Court Judge Carolyn Paschke on Feb. 19 granted summary judgment to Sage, whose case versus the city was scheduled to go to trial Feb. 21.

Sage filed a petition last March to detach his 120 acres at 505 Center St. from the city. The land extends behind the Wal-Mart Supercenter to Auburn Road and the Sage’s Apples border.

His property is zoned industrial (about 55 acres) and rural conservation, which would allow large-lot residential development. It wasn’t part of Chardon’s original town plat and was incorporated in 1969, at the request of the then-owner.

The city opposed the detachment because it is one of the few large remaining industrial properties in the city. However, the west and south parts of the property are “topographically challenged with ravines and significant changes to grade,” according to court records.

Sage argued that he is being taxed in excess of the benefits conferred by the city. The judge agreed.

“Mr. Sage does not use Chardon water or sewer and has no sidewalk or shade trees, yet pays $648.69 a year in taxes to Chardon,” the judgment says. “Mr. Sage pays a substantial amount in taxes for the benefits he receives.”

The ruling concluded that Sage met his burden of proof showing that detachment wouldn’t materially affect Chardon’s best interest or good government, and the city failed to prove otherwise.

“Detachment would remove land Chardon believes is attractive for development and could generate significant tax revenue,” the judge said. “However, future development and tax revenue are both speculative, unsupported facts in the record.”

The city is ordered to pay court costs.

“We are blessed and excited to grow Ransom Sage Farm in the township where our family began farming 150 years ago,” Sage said. “We now have freedom to explore agricultural and agritourism activities. Our dream is to invite people to learn, relax and enjoy good food on an authentic farm.”

Chardon Mayor Jeff Smock expressed disappointment about the decision, but said he wishes Sage well.

“If he’s successful, then people will come to the area, and that will be good for Chardon,” Smock said.

Sage acquired the land in February 2017 and approached the city about using it for activities ranging from pick-your-own produce to outdoor events, to — eventually — a winery featuring hard cider. City code doesn’t provide for such uses and the plans would require a considerable number of variances, so officials were considering a zoning text amendment that would allow creation of an agritourism overlay district.

At a January 2018 meeting of the Planning Commission, questions arose about setbacks, utility service and parking. City leaders were awaiting a concept plan to proceed. Sage filed the petition to detach on March 28.