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Neighbors press school board to preserve Spillane parcel’s deed restriction

Yellow Springs School Board · September 13, 2024
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Summary

Several neighbors urged the Yellow Springs School Board to reject any removal of a deed restriction on the Spillane (Mercer) property, arguing lifting it would remove protected green space, violate donor intent and erode trust; the board apologized for an oversight in neighbor notification and took no final action that night.

Multiple members of the public used the community‑comment period to oppose lifting a deed restriction on the Spillane Road (Mercer) parcel and to press the board for transparency.

Laurie Askeland told the board that the restriction on the property is a private restrictive covenant, not a state conservation easement, and urged the board to honor the donors’ intent. “It is really an agreement between us as individuals and the school board as a legal entity,” she said, explaining that a conservation easement would carry state‑level enforcement but the existing restriction is contractual between private parties and the district.

Neighbor Tony Absi said neighbors learned of the proposal only late and called for the board to reject removing the covenant: “Lifting this deed restriction removes protection to green space from the south end of Yellow Springs and violates the wishes of the Mercers who donated the land to the school board,” he said, adding that the lack of transparency had diminished trust.

Board President Judith apologized for the lack of neighbor notification, saying the omission was an oversight and that no final decision had been made. The board did not vote to remove any deed restriction during the meeting; instead, the discussion on the Morgan Fields/LIHTC project and the district’s resolution regarding replacement fields proceeded as separate agenda items.

Next steps: community members asked for continued notice and documentation. The board indicated it would accept letters for the public record and promised that the matter remains open to comment and additional information before any formal decision about encumbrances.