Scott D. Phillips
Scott is the member-in-charge of the West Chester office of Frost Brown Todd LLC and practices in the litigation area. His practice focuses on land use, zoning and real estate litigation matters in state and federal courts. He also represents clients with construction and general business/commercial disputes. From 1989 through 1991, Scott was a judicial law clerk to the Honorable Robert D. Potter, United States District Court in Charlotte, North Carolina. He practiced with the law firm of Jones, Day, Reavis & Pogue from 1991 through 1993, after which he became associated with Frost & Jacobs LLP, now known as Frost Brown Todd LLC.
Local Government Representation
Law Director for several southwest Ohio Townships - Liberty Township (Butler County), Deerfield Township (Warren County), Washington Township (Montgomery County), and the Village of Indian Hill (Hamilton County).
Assistant Law Director for West Chester Township, Ohio.
Successfully represented several homeowners in an action to enforce a restrictive covenant limiting development in a subdivision.
Represented State of Ohio in 50 plus eminent domain actions involving alleged flooding of farm lands.
Obtained an injunction on behalf of a Township to prevent the operator of a kids’ play place and paintball facility from also operating as a teen night club.
Negotiated zoning approval for psychiatric hospital.
Successfully prosecuted protest to Board of Elections on behalf of Township client related to initiative petition.
On behalf of developer won lawsuit approving large student housing development at local university.
Successfully defended Township denial of zoning change for large retail development.
Represented several counties in claims brought by the EPA for alleged wrongful discharge of raw sewage. Demand was in excess of $100,000,000. Client did not pay any amounts.
Defended client in high-profile zoning case that resulted in the right to develop a social service agency, despite City Council and neighborhood opposition.
Implemented and successfully defended challenge to first development moratorium by statutory township in the State of Ohio.
Defended Township and successfully resolved a lawsuit brought by a Mosque when its proposed project was denied.
Won a judgment for a Township against a City attempting to divert real estate taxes in an annexed territory.
On behalf of a Township, won a trial in which a car dealership was attempting to display vehicles in its parking lot.
On behalf of a village, spearheaded the opposition of a residential development being sited in an abandoned quarry pit on property immediately adjacent to the village. The case attracted significant publicity. After several months of procedural maneuvering, the developer abandoned the project and sold the land to the village.
Assisted several local governments in large economic development projects.
Represented a village’s interests in a highly publicized BZA proceeding regarding the establishment of an underground limestone mine in a neighboring jurisdiction.
Obtained a large settlement for a corporate client related to lease over-charges.
Settled numerous eminent domain actions for amounts favorable to clients.
Assisted in conducting a comprehensive review of a City Zoning Code for a City client.
Represented an urban school district in numerous contentious and highly publicized zoning disputes.
Successfully mediated federal lawsuits for significantly less than the cost to defend the case.
Defended Township in administrative appeal regarding a property owner’s non-vested right to construct a fireworks retail store.
Brought lawsuits on behalf of various governmental entities in products liability cases related to piping, resulting in multi-million dollar settlements.
Represented a village in numerous zoning and land use dispute including a publicized action brought by the ACLU over an ordinance that restricted the display of political signs.
On behalf of an aggregate company, obtained siting of a stone quarry on the only alleged Civil War battle site in Ohio.
Highlights & Recognitions
- Selected for inclusion in Ohio Super Lawyers®, 2017-2019
- The Best Lawyers in America®, Commercial Litigation, 2010-2019
- The Best Lawyers in America®, Land Use & Zoning Law, Litigation - Land Use & Zoning and Litigation – Municipal, 2012, 2013, 2017-19
- The Best Lawyers in America®, Lawyer of the Year 2018-2019, Litigation - Municipal
- AV® Rated, Martindale-Hubbell®
- Frost Brown Todd Mentor of the Year, 2012
Memberships & Affiliations
- Cincinnati Bar Association
- Ohio State Bar Association
- Butler County Bar Association
- Self-Audit Check: Don't Spend Public Money for Political Purposes
- Ohio Type-II Annexation Legislation: What You Need to Know
- New Law to Affect Ohio Internet Sweepstakes Establishments
- Important Changes to Ohio Election Procedures
- Ohio Supreme Court’s Decision Impacts Use of Eminent Domain Powers
- Eminent Domain Moratorium
- 1L Summer Program Opportunities Lunch & Learn (University of Cincinnati College of Law)
- 1L Summer Program Opportunities Lunch & Learn (The University of Louisville Louis D. Brandeis School of Law)
- 1L Summer Program Opportunities Lunch & Learn (University of Kentucky College of Law)
- 1L Summer Program Opportunities Lunch & Learn (The Ohio State University Moritz College of Law)
- 5th Annual Zoning & Land Use Conference
- Zoning & Land Use Conference
- 51 Frost Brown Todd Attorneys named to 2019 Ohio Super Lawyers® and Ohio Rising Stars® Lists
- 163 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2019
- 34 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 20 Recognized by Ohio Rising Stars® for 2018
- 161 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2018
- 29 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers and 17 Recognized by Ohio Rising Stars for 2017
- 168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2015
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- 167 Frost Brown Todd Attorneys Recognized in 2013 Best Lawyers®
- 150 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2012 Edition
- 145 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2011 Edition
Civic & Charitable Organizations
- Cincinnati Christian University, Board Member
- Cincinnati Works, Board Member
- CityLink Center, Board Member
- Butler County Republican Party, Executive Committee
- West Chester Township Zoning Commission, Past Chairman
- OneCity Foundation, Board Member
- Greater Miami Valley YMCA, Board Member
- Cincinnati United, Soccer Coach
- Crossroads Community Church, Core Group Member
- CityCure, Past Board Member
- Vineyard Community Church, Board of Directors
- West Chester/Liberty Chamber of Commerce, Government Relations Committee
- OneCity Against Heroin, Board Member
- West Chester Boys and Girls Club, Board Member
- Greater Cincinnati United Way, Executive Committee Member