Lawyers for Wedgewood Limited Partnership have taken what has been known as the Liberty Township Walmart case to the Supreme Court of Ohio.

Lawyers for Wedgewood Limited Partnership have taken what has been known as the Liberty Township Walmart case to the Supreme Court of Ohio.

The township will file a memorandum in response Wedgewood's filing, township administrator Dave Anderson said in an e-mail.

The township has until July 14 to respond.

The filing is the latest round of Liberty Township's legal fight that began in 2004 when Wedgewood Limited Partnership proposed to build a Walmart store in the township.

The 220,528-square-foot store was planned on a 34-acre lot in the Wedgewood Commerce Center at 10600 Sawmill Parkway.

In April, the Fifth District Court of Appeals upheld Delaware County Common Pleas Court judge Duncan Whitney's June 2009 decision that Wedgewood's fight to obtain a zoning permit from the township is moot because Walmart abandoned plans to build a store.

Wedgewood's attorneys have said "Wedgewood is entitled to a zoning permit for the building they submitted to the zoning department, whether it's a Walmart or not."

In their memorandum in support of the supreme court hearing their case, Wedgewood attorneys said the case should be heard because it is "of public and great general interest."

Liberty Township "used their positions as government officials to deny Wedgewood's application to construct a building - for reasons that were held to be unconstitutional in related federal court proceedings - so that its contract to sell the property expired."

They wrote that a landowner should be able to get a zoning certificate to construct a building even if it has no contract to sell the property.

The township trustees said in an April press release, "The state appeals court's decision is an important vindication of the right of the citizens of Liberty Township and their elected leaders to decide what is in the best interest of this community."

The township's appeal disagreed with a part of Whitney's decision that supports part of a federal court ruling between the two parties. The federal ruling said Liberty's concept of a "floating cap" of no more than 500,000 square feet of commercial development in Wedgewood Commerce Center cannot be enforced.

The township had used the concept as its reason for not allowing the Walmart store.

Last July, township attorney Bill Loveland said, "We believe that judge Whitney has given an advisory opinion (about the square-foot cap) that we're concerned about."

The Fifth District ruling said, "the trial court's finding of mootness precluded further rulings as to the validity of the 500,000-square-foot 'floating cap' restriction."

The conflict began in September 2004 when Liberty Township zoning inspector Holly Foust denied a zoning permit for the superstore.

The common pleas case began in 2005 when Wedgewood sued Liberty for refusing to issue a zoning permit for the Walmart.

A similar case was filed in 2004 in U.S. District Court in Columbus by Wedgewood president Charles Ruma after the township denied Walmart a permit.

Whitney said he agrees with a ruling issued by U.S. District judge Algenon Marbley in September 2008, which said "the 500,000-square-foot 'floating cap' does not exist."

The Sixth Circuit U.S. Court of Appeals ruled on Liberty's appeal June 28. (See separate story on page A1.)