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Tax break referendums could be in limbo as Whitehall council reevaluates housing proposal

Whitehall City Hall
Google Street View
Whitehall City Hall

Citizens in Whitehall who oppose tax breaks for a proposed housing development collected enough valid signatures to put several referendums on an upcoming ballot.

Whitehall City Council members, however, decided to reconsider the related laws at the developer's request -- which could put the referendum effort in jeopardy.

In April, Whitehall City Council approved three ordinances creating tax abatements for the Fairway Cliffs. The proposed development would build just under 50 houses off Fairway Boulevard, along with a more than 7-acre community park.

A blueprint drawing shows the layout of a proposed housing development. Two streets are labeled: Etna Road and Fairway Boulevard. Big Walnut Creek is also labeled.
City of Whitehall
The original proposal for the Fairway Cliffs development in Whitehall. Whitehall City Council members voted to reconsider three ordinances related to the proposed development and the tax incentives it would get, potentially derailing a citizen-led referendum effort to take those decisions to Whitehall's voters.

Community members had expressed frustration with the tax incentives, including a 15-year exemption from property taxes, and the with the density of the proposed development.

A group quickly mobilized to collect signatures for a referendum, so voters could decide whether the development would get the tax breaks. They collected more than 400 valid signatures, well over the needed 283 to secure a place on an upcoming ballot.

The Franklin County Board of Elections has certified the signatures. If the referendum moves forward, city council will set the date of the election - either during a special election or the November ballot.

At Whitehall's May 7 meeting, attorney Mike Shannon, speaking on behalf of developer JDS Companies, asked city council members to reconsider the ordinances that first granted the tax breaks.

"It would give us time to respond to some of the issues and make modifications that may make the proposal more palatable,” Shannon told council.

Whitehall City Council members gave JDS Companies until June 17 to work on an updated proposal. Simply reconsidering the ordinances does not impact the referendums, but if city council members accept the new proposal, that could derail the referendum effort.

“We believe that to both by not acceptable but also violating both the rules of our charter of Whitehall and the Ohio Constitution,” said Holly Stein, who spearheaded the referendum effort. "Once referendum petitions are proven to be sufficient, they have to go forward. You cannot block them."

Stein said the referendums must go on the ballot in a special election or in the next general election. She believes by reconsidering the related ordinances, Whitehall City Council members are taking a “back way” of preventing the vote from going to the public in November.

“It is the right of the citizenry based on what they were able to accomplish to get them on the ballot and we are basically shocked and disappointed in the Whitehall City Council that they would even attempt to do this,” Stein said.

Allie Vugrincic has been a radio reporter at WOSU 89.7 NPR News since March 2023 and has been the station's mid-day radio host since January 2025.