Cleveland Hall Before Village Council Again

At its meeting on Wednesday, March 19, 2008 at 7:30 pm, the Granville Village Council will once again consider Denison's controversial renovation and additions to Cleveland Hall.

On June 6, 2007, Village Council heard an appeal of the Planning Commission's decision to approve Denison's proposal to construct modernist additions onto Cleveland Hall within the village's historic district. Council, by a 3 to 2 vote with 2 members recusing themselves, voted to uphold the Planning Commission's decision.

Three Granville residents, John Thornborough, Dennis Cauchon , and James Jung, appealed that decision to the Licking County Court of Common Pleas. After a lengthy trial, Judge Jon Spahr ruled on March 10, 2008 that the Planning Commission and the Village Council had erred. Spahr reversed their decision and construction on the project came to a halt.

In his decision, Judge Spahr wrote, "The Commission's finding that "[t]he addition is not similar to other structures to the Village District but protects their historic design by not matching other structures," is remarkably candid. This Court finds it difficult to construe this statement as a finding that the proposed design is stylistically compatible with the Village District."

He went on to criticize Council's decision, "The Council's conclusory statement that the design is stylistically compatible with some other structures is similarly arbitrary and is unsupported by the record."

Spahr concluded, "For the reasons set forth above, appellants' first assignment of error is SUSTAINED, and the decision of the Council of the Village of Granville is REVERSED."

Now, Denison's president, Dale Knobel has called for the Village to join Denison in an appeal of Spahr's decision. Such an appeal would be heard before the three-judge Court of Appeals of the Fifth District. Spahr has rarely, if ever, been overturned on appeal.

If an appeal should be brought before the Court of Appeals, only issues of law may be argued. The facts of the case are considered settled and Spahr's decision will be overturned only if he made a mistake in law. Such appeals are seldom successful and not likely in this case since Spahr is an experienced and careful jurist.

The Village Council has placed an executive session on its agenda for its Wednesday evening meeting at 7:30 pm on March 19, 2008. The executive session will be called under ORC§121.22(G)(3) to confer with the Law Director, Michael Crites, "concerning a matter that is the subject of pending court action."

The Council will discuss the issue behind closed doors, but under the Ohio Sunshine Laws, must vote on whether or not to appeal during open session before the public.

The public may comment during the regular "Citizens Comments" at the beginning of the council meeting.

See previous stories on the Cleveland Hall Issue: