The developer of a Highfield housing plan is moving forward with legal action against the Butler Township Zoning Board concerning a decision about property density.
A Butler County Court of Common Pleas status conference before Judge Tom Doerr held virtually Wednesday morning determined that briefs by developer Great Living LLC will be due September 21st. Butler Township will file briefs by October 12th followed by a reply brief by Great Living on October 26th. Arguments will be heard in November if necessary.
Judge Doerr is retiring at the end of the year so a decision will be issued sometime before then.
After hearing from representatives for the developer of the 39 acre Highfield Trails plan on South Duffy and Highfield Roads earlier this year, the township zoning hearing board ruled that a version of the plan containing 113 units would not be allowed.
Great Living maintains that the Township’s ordinance language concerning density requirements is vague but should allow 113 units. The Township’s Zoning Officer as well as the Township solicitor have both testified that the 113 unit proposal does not comply.
In April the Butler Township Commissioners granted approval for a Highfield development plan with 100 units.