The Columbus Dispatch

Attorney says ban in Walnut Township ‘is not enforceabl­e’

- Jeff Barron Lancaster Eagle-gazette USA TODAY NETWORK TY WRIGHT/EAGLE GAZETTE David Comisford

WALNUT TOWNSHIP − Several Walnut Township short-term rental unit owners are suing the township after the trustees banned short-term rentals, or tourist homes, in residentia­l areas.

The property owners originally filed the suit in the Fairfield County Common Pleas Court. But the case will now be heard in the United States District Court for the Southern District of Ohio Eastern Division.

Township zoning inspector Mike Berry recently sent notices to the owners notifying them of a zoning violation by operating a tourist home business in seven residentia­l districts. They are permitted in one business district only.

Among other things, the letters say tourist homes are considered a business according to township zoning “due to their transient occupancy and commercial nature.”

In the letter, Berry said the property owners have two options. One is to file an appeal with the zoning board for a $650 fee. The other option is to apply for re-zoning of their parcel. That carries a $1,000 fee, plus a $60 acre fee.

The township, the township zoning office and trustees Bill Yates, Terry Horn and Doug Leith are the defendants

Dublin attorney Eric Wittenberg is representi­ng the property owners, who are the plaintiffs in the lawsuit.

The plaintiffs are:

● Purple Munky Property Company LLC, from Pickeringt­on

● TVL Holdings, LCC from Columbus

● Glasser Living Trust from Columbus

● Robert M. Yerke Trust from Columbus

● Alpine Investment­s, LLC from Columbus

● Brett and Emily Obrovac from Gahanna

● Clara the Airstream from Thornville

● Tracy’s Places, LLC from Thornville

● Scott, Erin and Parker Webb from Millerspor­t

● Sampson Hall from Columbus

● Molly Bishop-lloyd from Pickeringt­on

● Mary Satterfiel­d from Lancaster

● Ashlee Dresbach from Athens

● Theresa and Jason Huber from Pickeringt­on

● Rannebarge­r Home Maintenanc­e from Columbus

Wittenberg said the township is relying on language that doesn’t exist in the zoning regulation as its justificat­ion for refusing to permit the shortterm rentals.

“There is no such thing defined in either the zoning resolution or the Ohio Revised Code that defines something called a tourist home,” he said. “But yet they say it’s a tourist home, and that tourist homes are businesses, and therefore, not permitted. So we are asking the court to declare that that is an inappropri­ate and illegal interpreta­tion, and as such it is not enforceabl­e.”

Leith said he represents all township residents as a trustee.

“To me it boils down to two things,” he said. “No. 1, we already have zoning for short-term rentals and what the requiremen­ts are if you want to do that. The second thing would be is I classify it as someone trying to run a business in a residentia­lly-zoned proper area. So it becomes a zoning issue more than anything else. So that’s the short version of it.”

Leith said per legal council, that is all he could say on the issue.

Attorneys Patrick Kasson and Austin Richards of Reminger Co., LPA,

“To me, it’s exciting that some money is coming into the area, some investment and value is being created. Then the first thought everyone seems to have at the government level about the lake is how can we stop this? And I don’t get it.”

from Columbus are representi­ng the township.

David Comisford and his girlfriend, Megan Bruno, own a short-term rental property about a block from the waterfront and about two blocks from the

Millerspor­t boundary. They are not part of the suit, but they are affected by the trustee’s order. Comisford said they have an attorney and are watching how the suit plays out.

Comisford said tourism is a big reason why the Buckeye Lake area is growing.

“When people travel and are staying somewhere as a tourist, they go out to eat, they go out for coffee and they go out for drinks way more than we do when we’re home,” he said. “To me, it’s exciting that some money is coming into the area, some investment and value is being created. Then the first thought everyone seems to have at the government level about the lake is how can we stop this? And I don’t get it.” jbarron@gannett.com 740-681-4340

Twitter: @Jeffdbarro­n

 ?? ?? Short-term rental property owner David Comisford and his girlfriend Megan Bruno stand with their dog at Brooks Park, on Buckeye Lake, on Feb. 27 in Millerspor­t.
Short-term rental property owner David Comisford and his girlfriend Megan Bruno stand with their dog at Brooks Park, on Buckeye Lake, on Feb. 27 in Millerspor­t.

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