Because the state backed out of a deal with a developer to swap a Sawmill Road wetlands nearDublin for 43 acres in Delaware County, it now must give the wetlands property to thedeveloper.

The 'Ohio Division of Wildlife, the Department of Natural Resources, the Attorney General andGovernor Kasich himself, acting on behalf of the State of Ohio, agreed in writing to give away theSawmill Property for nothing if the State of Ohio breached the land swap contract. Which it did,'Franklin County Common Pleas Judge Christopher Brown wrote in a Sept. 2 decision.

Natural Resources officials would not answer questions, but noted in an email that theydisagreed with the ruling and are considering an appeal.

The land swap was years in the making. James Schrim III of JDS So Cal Ltd. originally planned tobuild a hotel or assisted-living facility at the 17.5-acre wetlands site. He negotiated withNatural Resources to trade the property for 43 acres he was willing to purchase for more than $1million along the Olentangy River near Highbanks Metro Park.

The state's contract with Schrim's development company included clauses that called for thestate to help dump a requirement that the Sawmill property be for 'public use.' It also included aclause that required the property to go to Schrim's development company if the state breached thecontract.

Schrim said he still wants to develop the property, with some of the 17.5-acre site set asidefor environmental purposes. In an amendment to the breached contract Schrim had agreed to set asideas many as six acres of the Sawmill site.

'This was a good environmental/economical policy when the state agreed to do it,' Schrim said,adding, 'people on both extremes of the spectrum' got involved to sink the deal.

Documents in the lawsuit note that a complaint about the swap was forwarded to Jai Chabria, oneof Kasich's senior staff members. Schrim and his lawyers think public pressure led to the statebreaching the contract.

The breach 'could never have gone forward without the governor's blessing even though (Kasich)signed the contract,' Schrim's attorney, Rex Elliott of the Columbus law firm of Cooper andElliott, wrote in court documents.

After that, Natural Resources told Schrim that the state wanted to back out of the deal.Officials also suggested that even if the deal was completed, Natural Resources would enforce thecovenant that required the land to remain open to the public " despite its agreement to help doaway with the requirement.

Schrim never purchased the 43 acres he originally wanted to trade; the judge said he didn't haveto because the state agencies clearly breached the contract first. Metro Parks bought the propertynear Highbanks in August 2014 for $1.1 million.

In February 2013, the Ohio Environmental Council sued the state, seeking to force it to adhereto the public-use covenant. It voluntarily dismissed that suit eight months later after the statebacked out of the deal. Schrim's company filed its suit Dec. 16, 2014.

The state should appeal the ruling, said Heather Taylor-Miesle, executive director of the OhioEnvironmental Council.

'Sawmill Wetlands is an important and rare natural area,' she said. 'The (council) will worktirelessly to protect this critical gem and ensure the state of Ohio fulfills its commitment topreserve it for all Ohioans to enjoy.'

Schrim spent several hundred thousand dollars preparing to develop the Sawmill property beforethe breach and then more in legal fees to fight it.

'Sometimes,' his attorney Elliott said, 'when you're dealing with these governmental entities,they do act like the 6,400-pound gorilla and can do what they want.'

The fenced-in wetlands, one of about a dozen left inside the I-270 loop that's capable ofsupporting amphibian wildlife, now is surrounded by other Dublin-area developments. It contains theSawmill State Wildlife Education Area.

Steve McCaw helped found Friends of Sawmill Wetlands, trying to preserve the wetlands as itexists.

'It's a travesty,' he said of the ruling. 'We'll just be sick to see it knocked down.'

kperry@dispatch.com

@kimballperry

Because the state backed out of a deal with a developer to swap a Sawmill Road wetlands nearDublin for 43 acres in Delaware County, it now must give the wetlands property to thedeveloper.

The 'Ohio Division of Wildlife, the Department of Natural Resources, the Attorney General andGovernor Kasich himself, acting on behalf of the State of Ohio, agreed in writing to give away theSawmill Property for nothing if the State of Ohio breached the land swap contract. Which it did,'Franklin County Common Pleas Judge Christopher Brown wrote in a Sept. 2 decision.

Natural Resources officials would not answer questions, but noted in an email that theydisagreed with the ruling and are considering an appeal.

The land swap was years in the making. James Schrim III of JDS So Cal Ltd. originally planned tobuild a hotel or assisted-living facility at the 17.5-acre wetlands site. He negotiated withNatural Resources to trade the property for 43 acres he was willing to purchase for more than $1million along the Olentangy River near Highbanks Metro Park.

The state's contract with Schrim's development company included clauses that called for thestate to help dump a requirement that the Sawmill property be for 'public use.' It also included aclause that required the property to go to Schrim's development company if the state breached thecontract.

Schrim said he still wants to develop the property, with some of the 17.5-acre site set asidefor environmental purposes. In an amendment to the breached contract Schrim had agreed to set asideas many as six acres of the Sawmill site.

'This was a good environmental/economical policy when the state agreed to do it,' Schrim said,adding, 'people on both extremes of the spectrum' got involved to sink the deal.

Documents in the lawsuit note that a complaint about the swap was forwarded to Jai Chabria, oneof Kasich's senior staff members. Schrim and his lawyers think public pressure led to the statebreaching the contract.

The breach 'could never have gone forward without the governor's blessing even though (Kasich)signed the contract,' Schrim's attorney, Rex Elliott of the Columbus law firm of Cooper andElliott, wrote in court documents.

After that, Natural Resources told Schrim that the state wanted to back out of the deal.Officials also suggested that even if the deal was completed, Natural Resources would enforce thecovenant that required the land to remain open to the public " despite its agreement to help doaway with the requirement.

Schrim never purchased the 43 acres he originally wanted to trade; the judge said he didn't haveto because the state agencies clearly breached the contract first. Metro Parks bought the propertynear Highbanks in August 2014 for $1.1 million.

In February 2013, the Ohio Environmental Council sued the state, seeking to force it to adhereto the public-use covenant. It voluntarily dismissed that suit eight months later after the statebacked out of the deal. Schrim's company filed its suit Dec. 16, 2014.

The state should appeal the ruling, said Heather Taylor-Miesle, executive director of the OhioEnvironmental Council.

'Sawmill Wetlands is an important and rare natural area,' she said. 'The (council) will worktirelessly to protect this critical gem and ensure the state of Ohio fulfills its commitment topreserve it for all Ohioans to enjoy.'

Schrim spent several hundred thousand dollars preparing to develop the Sawmill property beforethe breach and then more in legal fees to fight it.

'Sometimes,' his attorney Elliott said, 'when you're dealing with these governmental entities,they do act like the 6,400-pound gorilla and can do what they want.'

The fenced-in wetlands, one of about a dozen left inside the I-270 loop that's capable ofsupporting amphibian wildlife, now is surrounded by other Dublin-area developments. It contains theSawmill State Wildlife Education Area.

Steve McCaw helped found Friends of Sawmill Wetlands, trying to preserve the wetlands as itexists.

'It's a travesty,' he said of the ruling. 'We'll just be sick to see it knocked down.'

kperry@dispatch.com

@kimballperry