Sheetz Inc., the Altoona-based company that operates 680 convenience stores in Pennsylvania and nearby states, finds itself in a legal tussle with a church that is opposing the company’s plans to open a new store in Centerville, Ohio.

Epiphany Lutheran Church of Centerville, which is near Dayton, owns a parcel of land that not only abuts the property on which Sheetz plans to construct one of its stores, but it also has what the church maintains is “a lawful and valuable easement on the property.”

The church, which also operates a preschool program and a related nonprofit residential senior retirement community near the church, known as Bethany Village, are refusing to cede control of the easement so that Sheetz can build its store, gas station and restaurant facility.

In a statement issued last Friday, the church, through spokespersons the Rev. Julie Reuning-Scherer, a senior pastor, and Kathy Whited, director of operations, stated, “Epiphany is a church here to serve the community through worship, care and education for all ages. We are not in the business of interfering in businesses or members of the community.”

But, the statement continued, “Epiphany has the First Amendment Constitutional right … to express our views and defend our ministries from unwanted and harmful changes to the community.

“This includes items such as traffic, crime and sale of alcohol next to a church and preschool, and quality of life issues that affect residents, church members, and worshipers at our outdoor chapel and memorial garden. We also have the Constitutional right for the ‘free exercise of religion.'”

On Friday, Sheetz filed a lawsuit with the Office of the Clerk Courts in Montgomery County, Ohio, where Epiphany is located, contending the church is attempting to scuttle a plan that has been in the works for several years, and which has the unanimous approval of the Centerville Planning Commission.

That approval, however, was recently overridden by Centerville City Council due to pressure placed on it by Epiphany supporters that included a well-known attorney connected to the church.

Sheetz indicated in its lawsuit, “The Centerville City Council voted to reverse the Centerville Planning Commission despite the fact that (Sheetz and a development group) intended to engage in a permitted use and would not require a variance.”

Sheetz is now suing the City Council, the church and Bethany Village, charging civilly that those organizations violated the company’s due process rights, illegally interfered with the company’s business and contractual relations and committed civil conspiracy.

Sheetz and the development group are asking the court to approve a parking easement agreement that would allow public access to the plot.

The plaintiffs are also seeking punitive damages, attorney’s fees and an award for lost profits.

Sheetz is being represented by Dayton attorney James H. Greer.

History of property

The lawsuit filed by Sheetz outlines the history of the property that is in dispute.

The property in question since 1981 has contained a restaurant known as Elsa’s, which is part of a “family-run Mexican restaurants chain” in Dayton.

In 1999, the church purchased the property and formed a limited liability corporation to own, manage and operate real estate in Centerville, including the Elsa’s South restaurant.

“From 1999 to 2017, Epiphany directly benefited from the sale and consumption of alcohol on the site by the collection of lease payments from the restaurant on site,” the lawsuit states.

In 2017, a company headed by William Hemmert, known as Hemmert Far Hills, bought the Elsa South property from Epiphany. The property is currently owned by the Hemmert company.

Hemmert decided to sell the property after the death of one of Mr. Hemmert’s sons in 2020 and it was at that point that Sheetz and a development group called Skilken Gold entered into a contract to purchase the Elsa South property.

According to the lawsuit, the Sheetz purchase became public in December 2022.

Sheetz noted that Epiphany did not respond to communication sent to it about its use of the property and access for parking on the future Sheetz property.

Finally on Feb. 3, 2023, Epiphany sent a communication stating, “After deliberation, reflection and prayer, the (Epiphany) Council has deemed the proposed development of a gas station, restaurant, and convenience store at the current Elsa’s site is not consistent with Epiphany’s mission to love Jesus and serve others. The Council voted at its special meeting on Feb. 2 to not relinquish the parking easement Epiphany holds.”

Attorney Mark Chilson, a board member of Bethany Village and legal counsel for Epiphany, indicated neither group wanted Sheetz on the Elsa South property.

He also advised Sheetz that Epiphany, Bethany Village and an unnamed third party “would pay more than Sheetz was paying for Elsa’s South.”

That sale price is not public knowledge, the lawsuit stated.

A spokesperson for Hemmert Far Hills advised Chilson that Hemmert was going ahead with the Skilken Gold (the development group) and Sheetz deal.

The planning commission approved Sheetz’s plan for its new store — with the next step being a request for approval by Centerville’s city council.

According to the lawsuit, the attorney for Epiphany (Chilson) responded that if council approved the plan, Epiphany would seek to “obtain an injunction against the business being built at that location.”

Sheetz presented the plan to the city council for a 6,139-square-foot convenience store with a drive-thru. The property would contain 14 gas pumps and 57 parking spaces.

The Sheetz proposal also included improvements to the frontage along Far Hills Avenue, Fireside Drive and Espanola Trail.

Council, however, voted 7-0 against the proposal.

“That decision was unconstitutional, arbitrary and capricious, unreasonable and an abuse of discretion,” Sheetz maintains in its lawsuit.

Based on the council’s decision, Epiphany did not seek its threatened injunction.

The Sheetz lawsuit made the point that “Epiphany and Bethany Village have interfered with plaintiff’s business relations.”

Epiphany, in its comments, contended the lawsuit was filed to “silence the church.”

It argued the lawsuit was an example of a “Strategic Lawsuit Against Public Participation,” or a lawsuit designed to force protesters into expensive litigation — thus eventually silencing them.

The church in its statements Friday concluded, “Epiphany Lutheran Church has not changed its view of the inappropriate and dangerous nature of the development in this location. … We will not back down from its opposition.”

Attempts to further contact Epiphany spokespersons have been unsuccessful.