Will lawsuit delay Buc-ee’s first Ohio location?

The company performed the test last month — completed by tethering a weather balloon at various heights in the area of the site — to determine the minimum height necessary for the sign to be seen by motorists on Interstate 70 before they get to the highway exit that will lead to Buc-ee’s.

While most of the highway-oriented signs along I-70 are about 80 to 100 feet tall, according to city documents, Buc-ee’s requires a sign that’s 125 feet tall to be seen above nearby trees, the documents state.

Buc-ee’s final requirement is to submit updated development plans that include the signage details.

“Once they submit revised plans, they are good to go on our end,” said City Planner Aaron Sorrell. “We told them they could begin grading and site work anytime they wish.”

Representatives for Buc-ee’s did not respond to a request for additional project timeline details.

Mayor Jeff Gore shared in August 2023 that Buc-ee’s planned to build its first Ohio store, a massive 74,000-square-foot gas station and convenience shop, at 8000 Ohio 235 in the northeast quadrant of Huber Heights.

The Texas-based company has become known for its food offerings, massive rows of gas pumps, Beaver-branded merchandise and clean bathrooms.

Over the past year, Buc-ee’s has worked with the city of Huber Heights and the Ohio Department of Transportation on construction plans that include roadway and interchange upgrades to accommodate an anticipated increase in daily traffic volume.

City officials have shared previously that construction is estimated to last around 18 months.

Pending litigation of utility services

As construction of the new store draws nearer, the city of Huber Heights remains in ongoing litigation with the Board of Clark County Commissioners related to services near the project location.

The Clark County Commissioners first filed a court complaint against the city last summer, claiming Huber Heights’ 20-year wastewater treatment services contract with the city of Fairborn, which the city entered into in 2022 as part of its east sewer main extension project, may violate a similar set of contracts between Clark County and Huber Heights.

The county’s complaint claims it has sole right and authority to operate water and sewer in the service areas outlined in the agreement, which includes the Buc-ee’s project site near the I-70/Ohio 235 interchange, in the area of CenterPoint 70 Boulevard. But the city has asserted it is not contractually obligated to connect to Clark County services.

Following unsuccessful efforts between the two parties to settle the complaint, a jury trial has been set for Oct. 21, 2024, according to court documents.

But in a motion filed Wednesday, Clark County is asking the court for a temporary restraining order to prohibit the city from continuing work on its east sewer main extension and the accompanying east water main project as planned.

Court documents show the city contacted Clark County officials earlier this month informing them that both projects are estimated to be complete by the end of August.

At that time, the city intends to redirect all sanitary sewer flow from the CenterPoint 70 area to the pump station recently installed in front of the Buc-ee’s site on Ohio 235 and begin pumping to the Fairborn wastewater treatment plant.

The city will then turn on a newly installed water main at the west end of CenterPoint 70 Boulevard and cut the water main to Clark County, ultimately leaving the city’s water and sanitary systems independent from the county’s.

In its filing, Clark County contends that these actions “strike to the very heart of the issue in this matter.”

“To allow Huber Heights to take (these) actions ... would cause Clark County immediate and irreparable injury, loss, or damage,” the filing claims. “This court should issue a temporary restraining order for Huber Heights to stop this action until the parties can be heard further.”