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From the Middletown Journal, Middletown, Ohio

A local attorney and businessman is asking the court to stop one of his neighbors from selling land it a company seeking to build a $340 million coke-making plant.

Frank Schiavone, who resides at 6978 Hamilton-Middletown Road in Monroe ó adjacent to the Middletown farm owned by Dr. Theodore Martin, who now resides in Florida ó filed a motion for the permanent injunction, request for documents from the Martin and the Martin Meadows Limited Partnership created in connection with the proposed sale and the complaint with a jury demand on Monday, May 5, in Butler County Common Pleas Court.

The motion also seeks a temporary injunction pending a hearing to put a sale on hold.

"This is neighbor versus neighbor," Schiavone said. "Once they start working on the project, the damage is done and it's irreparable."

According to the motion for the permanent injunction, which also requests a hearing, Martin and the partnership already have entered into negotiations with SunCoke Energy of Knoxville, Tenn., to sell the farm located at 7014 Hamilton-Middletown Road, and have granted an purchase option contingent on zoning and other permit approvals.

Schiavone also claims his property has depreciated from $575,000 to $200,000 since news of the possible construction of the coke plant was reported, and said it has rendered the property "virtually unsellable."

He also stated in the motion if he and his family choose to remain on their property, "they will be bombarded with massive amounts of air pollution, which will further damage their living environment."

"The right to own property free from intrusion and damage of others is one of our fundamental rights and for the plaintiffs to have that right be trampled upon in this manner, there is no more irreparable harm than that. The prevention of the sale of the Martin farm is the only relief that could prevent his irreparable harm," the document stated.

Schiavone the case would have to be assigned to a judge and the defendants have 30 days to file an answer. A judge will then set a hearing date.

In the civil suit, Schiavone and his wife, Joan, are alleging a private nuisance and intentional infliction of emotional distress against Martin and Martin Meadows.

The Schiavones are seeking compensatory damages of more than $25,000, the costs of the instant action, attorney fees and any and all other relief afforded at law.

The legal action comes the day before Middletown City Council considers an emergency ordinance to vote on a March city planning commission recommendation to approve the rezoning of 157 acres of the Bake-Martin property from low-density residential to industrial use.

SunCoke Energy, as well as AK Steel Corp., who has signed a 20-year agreement to be the exclusive customer for the projected 550,000 tons of coke and 50 megawatts of electricity that the state of the art, heat recovery plant will produce annually, has requested council approve the measure as an emergency to stick to a timetable to enable to meet various tax and financial deadlines.

Councilman David Schiavone, who is Frank Schiavone's brother, will abstain from the vote due to a conflict of interest.

The rezoning request is being made by the city of Middletown, and the council was asked by SunCoke, AK Steel and the business community to approve it as an emergency measure, which means the remaining six council members must vote in the affirmative to confirm the decision for it can take immediate effect.

If it does not pass as an emergency measure, the ordinance can be approved with four votes but would take 30 days to take effect and could open the door to a possible referendum.

"I'm looking for a 6-0 vote against it," Frank Schiavone said. "I want them to do the right thing."

Contact this reporter at (513) 705-2871 or erichter@coxohio.com.

Comment: Should City Council OK the rezonig?

comments

By Byeoldfolks

May 6, 2008 6:05 PM | Link to this

yaa for poverty wage nursing home jobs,I doubt the owner of garden manor will close his money making nursing home.this new coke plant insures that ak will be commited to this area for a long time,ak vs garden manor = bye bye garden manor

By Judy

May 6, 2008 6:02 PM | Link to this

What is wrong with people? We need more jobs. The coke plant can be a God send for the unemployed.
I canít see why Garden Manor has to move. The residents there are mostly housebound so what problem is that going to cause.

By Judy

May 6, 2008 6:01 PM | Link to this

What is wrong with people? We need more jobs. The coke plant can be a God send for the unemployed.
I canít see why Garden Manor has to move. The residents there are mostly housebound so what problem is that going to cause.

By mrs

May 6, 2008 5:52 PM | Link to this

In one article Mr lawyer states the lowering of his property value. He states one as appraisal value and one as market value. Which makes it look like the value loss is more than it actully is. Market value and appraisal value are completely different. Lawyer double talk.

By Bizman

May 6, 2008 4:56 PM | Link to this

Middletown is so desperate for jobs they will put anything anywhere and hurt anybody doing it. Iíve never heard such class envy. Schiavone worked hard, went to school, unlike many of you, to better himself. The family is well respected in town and has provided jobs for years. Middletownís the worst area Iíve ever seen for class envy. Why do you think so many good jobs have left town. These people donít want to and donít have to hear your crap. This plant can be put elsewhere. Work together!

By Bob

May 6, 2008 4:34 PM | Link to this

Iím for it!!!!!!!If Middletown doesnít want it put it in Franklin, Monroe, Trenton or Blue Ball BUT OK it somewhere close to Middletown.

By gary

May 6, 2008 3:39 PM | Link to this

it not time to trade one job for another it time to keep all jobs and get the coke plant to if a tree dont bend it will break their is a solution that will satisfy all concerned, problems are made to be solved now you people earn your pay and solve this one.

By resident and AK retiree

May 6, 2008 2:28 PM | Link to this

Lets see, Middletown gains approximately 80 jobs estimated to be $65,000 per year each. That comes to a figure of approximately 5.2 million in wages resulting in income taxes for the city of $91,000. Garden Manor closing will cost 400 jobs. Not knowing the average yearly income of those jobs but using $8 per hour as a base figure,that results in annual wages of 6.656 million or $116,480 in taxes. By these estimates the city stands to loose at least $25,480 in tax moneys. Wake up council!

By i.dont.care

May 6, 2008 1:53 PM | Link to this

YOUíRE OBVIOUSLY COMPLAINING ABOUT THE WRONG THING.. WHHAAA I NEVER CLAIMED TO BE RIGHT. IíM SPEAKING MY OPINION JUST LIKE EVERYONE ELSE. TYPICAL MIDDLETOWN RESIDENT..

By Paul Howard

May 6, 2008 1:32 PM | Link to this

Iím not sure about the issue itselfÖbut I am sure of one thing:

Using all caps does not make you right no matter how long your post is.

By Paul Howard

May 6, 2008 1:30 PM | Link to this

Caps lock doesnít make you right.

By i.dont.care

May 6, 2008 1:26 PM | Link to this

COME ON PEOPLE.. QUIT YOUR CRYING!! ITíS BENEFITING THE CITY. WHY YOU COMPLAINING ABOUT THE LOCATION OF THE NEW COKE PLANT. LOOK WHATíS AROUND THE AK FENCE NOW? AMANDA SCHOOL, RESIDENTAL NEIGHBORHOODS, SO ON, & SO ON! SO MANY STUBBORN, MATERIALISTIC PEOPLE AND NOT ENOUGH IDEALISTIC PEOPLE.. WHAT A SHAME! APPROVE THE ZONING, COUNCIL MEMBERS! YOU ALREADY LOST AKíS HEADQUARTERS. THE PLANT MIGHT AS WELL PACK UP THEIR COILS AND MOVE TOO! AND THEN WHAT?? MIDDLETOWN WOULD BE A SHELL OF A CITY THEN!

By Keith

May 6, 2008 1:20 PM | Link to this

Hopefully the council will vote this down. But as we all know now they dont look after the voterís or the people. Send the coke plant inside AK> Whats the big deal. Wont AK make any money.

By Keith

May 6, 2008 1:19 PM | Link to this

Hopefully the council will vote this down. But as we all know now they dont look after the voterís or the people. Send the coke plant inside AK> Whats the big deal. Wont AK make any money.

By PK

May 6, 2008 1:12 PM | Link to this

The homes next to AK now were built there AFTER AK. They knew AK was there when they purchased their home. The homes they want to put the new coke plant next to & Garden Manor have been there for years. It seems unfair to ask those people to just accept something as big & ugly and messy as a coke plant and are expected to be OK with it.

By By Gary

May 6, 2008 12:58 PM | Link to this

HAY JC you are sow right AAAAAAAAAAA MEN

By Steve

May 6, 2008 12:36 PM | Link to this

god does not care about your coke plant. Have fun getting cancer, send the bill to AK. Also, your spaghetti sauce is somewhat lacking.

By Tricia

May 6, 2008 12:07 PM | Link to this

Why not put it inside the AK fence where it wonít cause traffic problems for everyone with MORE trains running back and forth and STOPPING all the time and holding up traffic??? AND next to a nursing home??? Youíve got to be kidding me!?!?!?!?!?

By small business owner

May 6, 2008 12:04 PM | Link to this

Look, in this economy, our entire area will benefit from this new plant, and it will insure that AK will remain here for many years to come. This may be one of the last opportunities City Council has to actually bring some hope and life to Middletown, and they need to realize that. The people complaining are not even tax paying citizens in Middletown! All surrounding areas will benefit from the increase in revenue! Stop being so short sighted!! We need this NOW!

By resident

May 6, 2008 11:50 AM | Link to this

U know now all you people want to complain about the new coke plant AK is going to put up.let me ask you, how long has AK been in Middletown? Your only complaining now for most of you because its going to be closer to your homes, but let me tell you all those houses around AK now have been there for years. so get over it! The coke plant is going to do a good deed and bring jobs to middletown, and thats what we need. Also its not like they didnt put in a huge air cleaning machine,because they did

By sukitup

May 6, 2008 11:49 AM | Link to this

Poor monroe residents,you run to your little enclave to escape us and now we are going to build a nasty old coke plant near your precious homes GET USED TO IT lol

By formercraneoperator

May 6, 2008 11:03 AM | Link to this

AK steel has had several years head start on this coke plant project. Why the rush to push this zone change through? Why not a face to face with council and all parties concerned? I think there is more land available for this project than just this one parcel, including land inside their own fence. Four hundred jobs versus eighty. Lose of taxes. Huge tax breaks for SunCoke. Make it work for everyone, not just AK.

By JC

May 6, 2008 10:19 AM | Link to this

It should be built in the Industrial Park - not a residential area. Let them access it from Yankee Rd..not Rt 4! Let it be next to another business - not homes. Mr. Schiavone has worked hard to provide for his family just like all the other residents in the area have. Everyone has the chance to better themselves and make better moneyÖ.he took those steps so lets not judge him and the other residents on trying to preserve their homes and health.

By ROSEY

May 6, 2008 10:17 AM | Link to this

I am all for the Coke plant. Lets bring jobs back to Middletown and get those people out of homeless sheltersÖÖ

By Fedup

May 6, 2008 10:01 AM | Link to this

I bet olí Frankie wouldnít be complaining too much if it were being turned into a golf course with an elitist, er I mean a luxury country club. Unless, of course, if Mr. Martin tried to file an emergency injunction to keep that from happening. Because, heaven forbid that someone else, other than Frank, should be allowed to make any money.

By greg

May 6, 2008 9:30 AM | Link to this

why cant you just open the plant in new miami the plants already there besides I prefer pepsi over coke

By greg

May 6, 2008 9:30 AM | Link to this

why cant you just open the plant in new miami the plants already there besides I prefer pepsi over coke

By greg

May 6, 2008 9:29 AM | Link to this

why cant you just open the plant in new miami the plants already there besides I prefer pepsi over coke

By tw

May 6, 2008 8:44 AM | Link to this

Iím glad youíre able to still sell your property for $200,000! In todayís economy, when so many are foreclosing on their homes and homeless shelters are almost always full, sell your land, move, allow Middletown to grow and praise God you were still able to sell and make so much money!

By Michael Havens

May 6, 2008 7:42 AM | Link to this

Poor little Attorney! Barely making ends meet! Havenít you raped Middletown and the surrounding communities enough yet? Who cares about YOUR personal property when the Coke Plant will HELP Middletown? How about YOU leave the city?!

By Mike

May 6, 2008 7:40 AM | Link to this

Move thenÖ.Selfish morons! All about YOUR money!

By Pam

May 6, 2008 7:40 AM | Link to this

Everyone knows it will be dirty and smelly. Better than the current one I am sure, but still a coke plant! Traffic will be a nighmare. The noise & trains will be a nuisance. would you place a loved one at Gardon Manor if there was a coke plant directly behind it? I certainly would not.

By Pam

May 6, 2008 7:40 AM | Link to this

Everyone knows it will be dirty and smelly. Better than the current one I am sure, but still a coke plant! Traffic will be a nighmare. The noise & trains will be a nuisance. would you place a loved one at Gardon Manor if there was a coke plant directly behind it? I certainly would not.

By Pam

May 6, 2008 7:40 AM | Link to this

Everyone knows it will be dirty and smelly. Better than the current one I am sure, but still a coke plant! Traffic will be a nighmare. The noise & trains will be a nuisance. would you place a loved one at Gardon Manor if there was a coke plant directly behind it? I certainly would not.

By Pam

May 6, 2008 7:39 AM | Link to this

Everyone knows it will be dirty and smelly. Traffic will be a nighmare. The noise & trains will be a nuisance. would you place a loved one at Gardon Manor if there was a coke plant directly behind it? I certainly would not.

By VietVet

May 6, 2008 7:28 AM | Link to this

I like the PR picture of Schiavone with the eyes closed.Impressive! We need the jobs and hundreds more like them to stimulate this town. The site is close to an industrial park isnít it?Why wouldnít one think that perhaps,one day,the land would be developed further?As to pollution-we still donít know about the impact from this new technology,do we?That info.hasnít been presented clearly as yet. Garden Manor may be overreacting on leaving.They donít know as yet what the impact will be.No one does

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