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Civil Suit

Tuesday, August 2, 2011

City Wants Dismissal of Lawsuit Trying to Stop Apartment Complex

Kent's law department filed a dismissal motion in the lawsuit filed by two residents trying to stop the 596-bed 'Province at Kent' student apartments

Kent needs more apartments aimed at serving students of Kent State University. At least, that's one argument being made in a legal fight over a 596-bed complex planned for South Lincoln Street. On Friday, the city responded to a civil suit filed in June by two High Street residents, Marc Kirby and Cassandra Pegg-Kirby, who want to stop construction of the "Province at Kent" student apartments. In essence, the Kirbys want to overturn decisions by Kent City Council and the Kent Planning Commission that created a new residential overlay district allowing the complex in an area of the city zoned R-3, which doesn't allow as dense a project as the developer, Edwards Communities Development Co., is planning. In the city's response, Kent Law …

Robin Anderson

4:40 pm on Wednesday, August 3, 2011

Should public universities even be allowed to mandate that their freshmen class, within certain restrictions, live on campus? If the rental housing of any students were left entirely to the private sector, said rental housing would be contributing to the provision of the City of Kent's city services via the property taxes paid. The housing of seniors in the area could be addressed through the use…   more ›

Wednesday, July 6, 2011

Residents File Suit to Stop New Apartment Complex

High Street residents are fighting a decision that allows a 596-bed student housing complex on South Lincoln Street

The fight against the 596-bed "Province at Kent" student housing complex planned for South Lincoln Street isn't over. Two High Street residents not far from the apartment site, Marc Kirby and Cassandra Pegg-Kirby, filed a civil suit in Portage County Common Pleas Court trying to stop construction of the apartments. In essence, the Kirbys want to overturn decisions by Kent City Council and the Kent Planning Commission that created a new residential overlay district allowing the complex in an area of the city zoned R-3, which doesn't allow as dense a project as the developer, Edwards Communities Development Co., is planning. In April, the planning commission approved the overlay district, which creates a hybrid between R-4 and R-3 zoning for…

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Jon Ridinger

11:11 pm on Wednesday, July 6, 2011

You missed the point of why I brought up the Mississippi reference. The reason is because they cited "other court decisions" on illegal spot zoning as a reason to overturn the overlay district in Kent. Again, the other instances where courts have overturned a city's zoning change have been for more drastic than essentially going from R-3 to R-3.5 in Kent. Zoning it so siomething like a factory or…   more ›

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