The old saying “not in my back yard” is the battle cry of residents in at least three communities in Butler and Warren counties as they fight to keep developments from being built.

Warren County commissioners are expected to rule today on the development of a Pilot/Flying J Travel Center at the Interstate 71 interchange at Ohio 123. Dozens of people have converged at public hearings to voice their opposition about the $9 million project.

Commissioners have said that while they also don’t want a truck stop at that location, their hands may be tied by the law. The land is zoned industrial, and it appeared two weeks ago that the Flying J must be approved.

Attorney Tim Mara, who has been hired by some of the Warren County residents in opposition of the development, said he has found solid legal reasons for commissioners to reject the project. In a letter to commissioners, he outlined laws that prohibit fast food restaurants and overnight accommodations within the classification of zoning that governs that land.

Tony Collins, one of the many residents who spoke at the last public hearing, said the group will ask commissioners to reopen the public hearing and discuss these revelations.

“If the commission really is looking for a reason, that’s legal, I think we found it for them,” he said.

Commissioners have reopened public hearings in the past, Commissioner Pat South said, but she hadn’t yet seen Mara’s letter. If they do re-open discussions, she said the Flying J must have the opportunity to argue against Mara’s assertions.

Mara also represents a group of residents in West Chester Twp. who are fighting a Kroger Marketplace project at the intersection of Tylersville and Princeton Glendale roads. In that instance, the developer needs a zoning change in order to build.

Safety is the prime motivation for fighting the Kroger development, according to Tom Eggert of West Chester Twp. The Kroger would make traffic in the area horrendous, he said.

“For me it’s a slam dunk. It should not go through. It’s a matter of common sense,” he said. “But Kroger has a lot of money and they have lawyers and so does Silverman (the developer) so they can try and buy and bully their way through this thing.”

Local developer Mike Schueler said he doesn’t enjoy being at odds with his neighbors and friends, such as when Mason approved in 2011 a gas station that will be located next to residential neighborhoods.

However, the project fit within the parameters of the city’s zoning, Schueler said, giving him the right to develop his land. He threatened to sue the city if he was denied.

Residents packed Mason council chambers for public hearings that were continued four times to allow everyone a chance to speak. A group of residents also hired Mara and have filed an administrative appeal in Warren County Common Pleas Court.

When the council voted they largely said their hands were tied by the law.

Mara said that argument is flawed.

“It’s a nice, convenient, easy out for the elected officials,” Mara said. “‘Gee I don’t have a choice, or we’re going to get sued’ that’s why we have zoning so there are a set of rules for development that the little guy and the big guy is supposed to abide by. If elected officials are not willing to say no to the big guy now and again, because their project doesn’t conform with the rule, what’s the point of having zoning at all?”

Assistant Warren County Prosecutor Bruce McGary, who is the commissioner’s legal adviser, has cautioned both the commissioners and the crowds that the county has been on the wrong side of at least two lawsuits where a developer was denied. One of the cases, from 2005, is working its way back from the Ohio Supreme Court and hasn’t been fully resolved. The other case against the county’s regional planning commission was settled, and dollar amounts weren’t available.

McGary said the county insurance policy usually covers the cost of lawsuits, unless the settlement exceeds the policy limits.

South said commissioners have in the past challenged laws, and they carefully weigh whether it is prudent to “push the envelope” and make a decision that is likely to end up in court.

“Our job is not only to protect citizens, but top and foremost is to comply with and abide by the laws,” she said. “Our first and foremost responsibility is to follow the laws, and yes it is to also creatively find loopholes in the laws that exist when there are situations that come up that really are not in the best interest of the citizens.”