Sahbra Farms, which is owned by David Gross, has filed a $35 million lawsuit against the city of Streetsboro.
It alleges the rural residential zoning of the 290-acre property at the corner of S.R. 14 and Diagonal Road is unconstitutional.
Two master planning processes have identified Sahbra Farms as a good location within Streetsboro for a higher-density development incorporating "a variety of housing types, a mix of land uses, an active center and a walkable design," according to the complaint, citing the 2009 Comprehensive Land Use plan.
Mayor Glenn Broska declined to comment on the substance of the legal complaint, which was filed at the Portage County Court of Common Pleas.
"We haven't had a chance to review the whole thing," he said.
Gross referred questions to his attorneys, who were not immediately available for comment.
The property also was identified in a land use plan developed by Land Vision in 2004 as a good location for such a development, states the complaint.
"Despite paying $25,000 for the LandVision plan, the city never formally adopted it," the complaint states.
Sahbra Farms is seeking compensation "representing the fair market value of the property and temporary taking damages for the city's taking of the property under Ohio law," accordig to the complaint.
The complaint claims the value of the property, had it been rezoned following the development of the 2009 plan, would have been more than $35 million.
The complaint also requests declaratory judgements that the city's rural residential zoning, as applied to Sahbra Farms is "unconstitutional and invalid;" that Chapter 1125 of the city's code be declared "unconstitutional and invalid;" that the "city's constitutional actions have resulted in a compensable taking of the plaintiff's property;" and that the "city's unwarranted delay and refusal to amend its code … have caused (Sahbra Farms) significant, consequential and incidental damages representing the loss of its ability to beneficially use the property."
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FB: The Gateway News/Bob Gaetjens