Wednesday, May 5th, 2010
By William Kincaid
Judge seals Franklin Twp. votes
Primary election
  MONTEZUMA - Results of a Franklin Township referendum vote on Tuesday were sealed and unreported due to a last minute court appeal.
Some residents last year petitioned to get a referendum on the ballot that allowed them to vote on whether zoning changes approved by Franklin Township Trustees on Nov. 18 should stand. The changes allowed Rick Uppenkamp, of Mercer Development LP, to put duplexes and recreational vehicles on his land between Behm Road and Big Chickasaw Creek.
Six days before the primary election, Celina attorney James Tesno, representing Mercer Development LP, filed an appeal with the Third District Court of Appeals in Lima. Mercer Development is objecting to a decision in late February by Mercer County Common Pleas Court Judge Jeffrey R. Ingraham that allowed the referendum to be placed on the primary ballot. One of Mercer Development's objections is that there was one ballot issue, when the zoning changes were done in two ordinances.
Oral arguments on the latest appeal are scheduled for May 25, according to Mercer County Prosecuting Attorney Andy Hinders, who explained the situation to the media after polls closed Tuesday night.
Hinders also explained that before the appeal was filed with the appeals court, 22 Franklin Township residents had voted on the issue through absentee ballots. Since votes already had been cast, the appeals court ordered the board of elections to seal the ballots until a ruling is made.
In November, trustees approved changing an 18.8-acre parcel from medium density residential to high density residential and a 34.2-acre parcel from medium density residential to resort commercial.
In January, township residents submitted a referendum petition to the Mercer County Board of Elections, which approved placing the issue on the ballot. St. Marys attorney Jeffrey Squire is representing the petitioners. Tesno appealed the board of elections' decision to Ingraham, who sided with the board.
Additional online stories for this date
Print edition only stories for this date
• All local levies approved
• Historic mural to get expert care
• Officials seek buyer, mover of former sheriff's office
• Elections board encounters problems counting votes
• Republican incumbents win at primary
• Administrator: states old water meters needs replaced
• Residents state opinions on future projects
• Weeds/grass ordinance discussed
• Store sells audio systems, detailing
• Cavaliers plate six in first to win over Redskins
• Trushaw, Wildcats shut down Rangers
a_d
Today
74°
Slight Chance Thunderstorms
26%
Tonight
61°
Slight Chance Thunderstorms
20%
Tomorrow
82°
Mostly Sunny
10%
Tomorrow Night
64°
Partly Cloudy
10%
Thursday
85°
Slight Chance Thunderstorms
20%
Thursday Night
70°
Partly Cloudy
21%
Friday
86°
Chance Thunderstorms
53%
Friday Night
65°
Chance Thunderstorms
53%
Saturday
74°
Chance Thunderstorms
41%
Saturday Night
57°
Partly Cloudy
7%
Sunday
71°
Partly Sunny
9%
Sunday Night
50°
Partly Cloudy
5%
3 Day
Extended
a_da_d
video_logoOnline Video
Wednesday, August 27
index pict
Marion Local prepares for football season
Tuesday, August 26
index pict
St. Marys' Schmitmeyer golfs for guys team
camera_logo Photo Albums