Shaler solicitor expects vote on McElheny Road settlement next month

Monday, July 15, 2019 | 12:01 AM


The Shaler commissioners may vote at their 7 p.m. Aug. 13 meeting whether to accept a settlement regarding a property request, according to township solicitor Harlan Stone.

Scioto Properties, owner of 444 McElheny Road, applied for a permit in May 2018 for a home housing eight people with traumatic brain injuries. For-profit corporation ReMed would operate the facility.

The township denied Scioto use of a property variance. As a result, Scioto is suing Shaler, stating that the township’s failure to permit the proposed use in the residential zoning districts violates the Fair Housing Act, Rehabilitation Act, Americans with Disabilities Act, Equal Protection Clause of the U.S. Constitution and the Constitution of the Commonwealth of Pennsylvania.

Residents appeared before the township’s zoning hearing board and at commissioners meetings to voice concerns that a non-profit entity would not oversee the site, the building would require significant expansion and a sharp bend at the McElheny intersection could pose safety issues for the home’s residents and visitors.

At a July 9 commissioners meeting, Stone said that there wasn’t “any significant update in the status of the litigation.”

“The litigation continues to pend in federal court. There was a status conference, which was scheduled and cancelled by the judge, and there have been some attempts to negotiate a resolution to the case.”

Scioto Properties offered the township and its Zoning Hearing Board a settlement two months ago.

“That proposal has been deferred until the August meeting where there will be an opportunity for public discussion before the board considers its vote,” Stone said.