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May 6, 2004Elmwood Township to again pay fees for lawyersByRecord-Eagle staff writer GREILICKVILLE - Elmwood Township officials again must dig into taxpayer pockets to cover another court loss to a group of township residents. Circuit Judge Philip Rodgers ordered the township to pay Elmwood Citizens for Sensible Growth up to $4,000 the group spent defending a lawsuit officials filed against them. "It was good," said Steve Van Zoeren, a member of Elmwood Citizens for Sensible Growth. "(Rodgers) scolded them for squandering the taxpayers' money." Previously, Rodgers ordered the township to pay $17,000 for the citizen group's costs and legal fees in a lawsuit over township zoning. Additionally, the township and resident Erik Saxon last year settled a lawsuit after Saxon alleged officials booted him out of the township marina for politically motivated reasons. The township reinstated Saxon and gave him $6,000 credit for fees and services there. Township officials filed suit against the citizens group in December, in what they said was an effort to find out how many residential units are allowed per acre in agriculturally zoned districts. Rodgers dismissed the suit last month, and on Monday ruled the township must pay the group's legal fees and court costs. "The judge dismissed the suit because (township attorney) Ed Roy basically came in and when asked to make his argument, said he wasn't going to damage his credibility by trying to defend it," Van Zoeren said. "The judge said fine and threw the suit out." Supervisor Noel Flohe and Roy refused comment unless the Record-Eagle submitted questions to them in writing. The suit came after the state Court of Appeals refused to hear township officials' arguments against an earlier ruling from Rodgers that found a high-density clustered housing development planned near Lincoln and Bugai roads did not conform to zoning rules. Van Zoeren contends the ordinance allows only one unit per 10 acres in agricultural districts, while the township has pushed for one unit per acre.
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