Court of Appeals affirms council’s approval of amphitheater conditional use permit, law director says

Law Director Katie told the City of Waterville City Council on Jan. 27 that the 6th District Court of Appeals affirmed a Lucas County Court ruling that council’s approval of a conditional-use permit for a proposed amphitheater complied with applicable law.

Katie said the Lucas County court had previously found the council’s action was “not unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence,” and that the Court of Appeals affirmed that judgment.

Why it matters: The appellate ruling clears a legal challenge to the council’s prior decision to permit the amphitheater as a conditional use under city code, removing a source of litigation risk the council and staff had been handling.

Katie summarized the appeals court’s finding that council considered substantial evidence and exercised proper judgment in approving the ordinance; she told council this should allow the city to “put this behind us.” No additional council action was taken at the meeting.

Quotes from the meeting: “At the end of the day, council acted under the law, followed all the proper procedures,” Katie said. “The courts ruled in our favor.”

Context and next steps: Council members thanked Katie and staff for the work involved in defending the ordinance through two levels of review. The law director did not recommend further action at the meeting.