Fresh from their defeat in Delaware County Common Pleas Court, Liberty Township trustees will try what might be a cheaper way to fight Powell's planned Target store.

Fresh from their defeat in Delaware County Common Pleas Court, Liberty Township trustees will try what might be a cheaper way to fight Powell's planned Target store.

Trustees now say Powell breached the community economic development agreement (CEDA) when it issued a zoning certificate to Target.

The trustees reached that decision last week during an emergency meeting, after deciding not to appeal Judge W. Duncan Whitney's dismissal of the township's lawsuit against the city for approving the certificate. Whitney said the township lacks standing to appeal.

The deadline to appeal Whitney's ruling was Aug. 19, trustee Peggy Guzzo told ThisWeek.

Jeff Robinson, Powell spokesperson, said Monday the city has not received notification of the township's allegation.

Township administrator Dave Anderson said last week he plans to inform Powell in writing.

"In light of the court's decision we have changed our strategy and our board passed a resolution to notify Powell that they are in breach of the CEDA, and per the CEDA we are requesting Powell to meet with our board in a public meeting to resolve the issue and without lawyers," Guzzo said in an e-mail.

Liberty and Powell have been in a CEDA dispute since August 2008.

They are in mediation on a breach of contract allegation in which the city alleges Liberty breached the CEDA when Guzzo helped Powell residents with a citizen-led petition to change Powell's zoning code regulating the square-footage of commercial buildings.

The CEDA was signed in 2002, at about the same time Golf Village was annexed into Powell. It guides annexation of property from the township to the city.

The CEDA requires the parties to "use their best efforts to resolve the dispute through a mutually acceptable mediation process prior to any party filling a lawsuit."