The city of Tipp City has filed documents to move from Miami County Common Pleas Court to U.S. District Court in Dayton a lawsuit against it by the developers of the Cedar Grove subdivision.

Lawyers from Surdyk, Dowd & Turner Co. of Dayton filed the notice on behalf of the city July 8 in Common Pleas Court.

Talismanic Properties Inc. and Judith Tomb, both of Troy, filed the lawsuit in June claiming the city was overcharging for installing electric service, withholding public records and making arbitrary and unreasonable demands in inspecting work associated with developing the subdivision off Kessler-Cowlesville Road west of the Meijer Distribution Center.

In the notice of removal, the city’s lawyers state that the suit’s claims include alleged violations of the Fifth and Fourteenth amendments to the Constitution. Lawyers for Talismanic had filed notice July 5 in Common Pleas Court dismissing the Constitutional claims only from the lawsuit.

In the lawsuit, the developers made several claims including the city’s original quote for electric service from its municipal electric system would be $66,000 but later was estimated in the agreement at $142,721.

Although they claim payments were made, the service to a model home allegedly has not been provided and the city won't allow connection of the home to a new sewer line.

Tomb alleges she has requested documentation from the city of the cost of providing the electric service but has not received the information. The suit states the developers believe the bill includes items needed for an electric line associated with the Abbott property and Rosewood plat that have no benefit to the Cedar Grove project.

They also claim they have been required to use more expensive backfill than needed and the city is requiring replacement of a section of sewer line although it falls within standards. The replacement would require excavating a section of the road for about $100,000, they claim.

And, the developers state some 45 sections of curb in the project have been marked as defective and needing redone, although the curbs are like others in the city.

The developers requested the court order several actions such as requiring the city to respond to all public records requests; ordering the city to cease making unreasonable, arbitrary and malicious decisions regarding the development; finding the city interfered with the developer’s business relationships; and awarding the developers punitive damages.

The city has not filed its answer to the lawsuit. The notice of removal to federal court stated the answer would be filed within seven days.