Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Alley Access topic
No spam. Unsubscribe anytime.
Mt. Healthy schedules public hearing on alley access near United Dairy Farmers after legal review
Summary
Council scheduled a Sept. 17 public hearing after legal counsel advised the city that closing or blocking the alley at the United Dairy Farmers (UDF) exit could present a takings claim but is likely defensible because alternate access exists. The city manager said an ordinance would be required if council pursues closure.
Mt. Healthy city officials set a public hearing for Sept. 17 at 7:00 p.m. to gather community input on potential restrictions to an alley that provides an exit from the United Dairy Farmers (UDF) store on Adams Road.
The matter emerged after the council read a Sept. 3 letter from resident Margaret Hughes describing fast traffic and parked vehicles at the UDF exit. "Some people are driving too fast when exiting the store to the alley," Hughes wrote in the letter presented to council. City Manager Bauer said staff had discussed options with UDF representatives and recommended public input before any ordinance is introduced.
The council heard a legal assessment from Howard Mackley, who provided the city's legal view on property-rights risks if the city installs a guardrail or otherwise limits an existing access. "I think UDF can still complain and potentially... file for an appropriation for a taking, but I think it would be an uphill battle," Mackley said, explaining that courts evaluate whether an adjoining owner's ingress/egress easement is "necessary" and whether other reasonable access remains. Mackley noted relevant case law drawn from Ohio appellate decisions that consider the facts of each parcel's accesses.
Bauer told council that an ordinance would be needed to close or restrict the alley and emphasized following the formal process: public notice, public hearings and an ordinance. Councilmembers agreed to hold the public hearing to ensure the public has an opportunity to comment before any legislative action.
Next steps: the city will take public comment at the Sept. 17 hearing. Council may then consider introducing and later voting on an ordinance to regulate the alley or install a barrier. Mackley’s legal comments indicate the city should document alternate access routes and the public interest justification if it proceeds.
