Keith BieryGolick

kbierygolick@enquirer.com

West Chester Township officials acted improperly when they revoked a business license belonging to the owners of a swinger's club trying to move into the township.

Butler County Judge Craig Hedric issued that ruling after hearing arguments from both sides Tuesday.

The decision comes just a few days after an Enquirer investigation into the township's response to the proposed business, which changed dramatically after the public found out about it.

In an email a few hours before the owners' permit and license were revoked, Township Trustee George Lang sent an email to an angry resident saying, "We are in the process of actively fighting this business."

Tim Burke, attorney for the business owners, argued township officials tried to turn a mistake they made into a way to punish his clients, who Burke says followed all proper zoning steps.

"They were incredibly open about what they wanted to do here. They complied with everything," said Burke. "Then, somebody decided this was too damn controversial and ever since then the township has been bending over backward to do whatever they can to stop it."

Township officials argued they issued the permit and license before they had everything back from a background check on the business owners. This gave them the authority to rescind them.

Judge Hedric ruled against the township. An official entry noting the judge's ruling will not be available for several days. The township can appeal the decision.

Township Attorney Scott Phillips declined to comment on a possible appeal. The township enacted a nine-month ban on sex businesses last year. It is not clear if this ruling will affect that ban.

Township Administrator Judi Boyko also declined to comment on the specifics of the case but said in an emailed statement the judge's ruling will be taken into account moving forward.

Although pleased with the judge's decision, Burke said the case is far from over. He filed a separate appeal on Friday in Butler County addressing the zoning permit that was rescinded at the same time as the license to operate.

"Obviously ... our clients need both to comply, but frankly, they were as wrong on rescinding the zoning permit as they were when they rescinded the license," said Burke. "I think we are in a strong position."

A date for the appeal filed last week has not yet been set.