CENTERVILLE — Federal judges have ruled on whether or not a lawsuit involving a rejected proposal involving the gas station and convenience store chain Sheetz should be dismissed.
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As News Center 7 previously reported, Sheetz filed a lawsuit against the city of Centerville, Epiphany Lutheran Church, and Bethany Village retirement community after the Centerville City Council voted to reverse the city planning commission’s approval of a plan to construct a new Sheetz gas station where Elsa’s Mexican Restaurant stands on Far Hills Ave.
Sheetz and its co-plaintiffs accused Centerville, its city council, Bethany Village, and Epiphany Lutheran Church of trying to tamper with its contract to build on Far Hills Avenue.
In March, attorneys for the City of Centerville, Epiphany Lutheran Church, and Bethany Village asked a federal judge to dismiss the lawsuit. The city withdrew its motion the next month.
In a decision filed last month, District Judge Michael J. Newman and Magistrate Judge Caroline H. Gentry denied the motions to dismiss.
The judges ruled that “the efficient and appropriate way forward is to permit discovery to occur and consider the parties’ arguments on summary judgment, not earlier at the motion-to-dismiss phase of litigation.”
The parties involved were instructed to “informally confer in good faith and prepare a report” required by federal law and submit it before Oct. 3, according to a ruling filed in federal court. They will also need to exchange “initial discovery disclosures” on or before Sept. 26.
As reported on News Center 7 at 6:00, we reached out to the defendants in this case, as well as Sheetz, about the latest development.
Centerville Mayor Brooks Compton said the decision is “one step in a process.”
“Throughout, the City has been and will remain committed to upholding legal and zoning standards. Our top priority is to prioritize the well-being of all Centerville residents and maintain a thriving business community,” Compton said.
Epiphany Lutheran Church responded via its legal counsel, saying that “the Court, after carefully and thoroughly considering the pleadings and briefing did not issue a decision on the merits, but decided the efficient and appropriate way forward is to permit discovery to occur and the Court will consider arguments regarding dismissal on summary judgment.”
Legal counsel added that the Church will “vigorously defend the lawsuit and continue to exercise its constitutional rights to address City government and exercise its expression of religion in support of our community.”
Nick Ruffner, PR Manager for Sheetz, that the chain looks forward to the “lawsuit progressing appropriately through the Court System System as we continue to expand throughout the greater Dayton-area with the goal of being a great employer and good neighbor in every community that we serve.”
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