Denison Files New Cleveland Hall Pleading Before Judge Spahr

On March 25, James Cooper, attorney for Denison University, filed a motion for partial modification of the March 10, 2008 judgment that caused Denison to suspend all construction at Cleveland Hall. The motion seeks "modification to permit construction to resume so as not to affect the glass addition."

Alternatively, Denison is asking Judge Spahr to issue a partial stay of execution of the judgement to permit continuation of construction of everything but the glass addition.

Denison included a memorandum addressing the "problems associated with a complete cessation of construction... The memorandum also addresses the specific areas of the total project where work may proceed if this motion is granted."

Affidavits of Seth Patton, Denison Vice President for Finance and Management and Bruce Dew, Executive Vice President of Lincoln Construction are also presented in support of the motion.

Denison's memorandum "projects the total impact cost of a 4-week shutdown of construction and assumes that the project can resume under the relief here requested by April 9, 2008." That impact cost is estimated to be $148,898. If construction did not resume until October 1, 2008, the impact cost would be $571,876.

Denison's motion concludes:"In view of the difficulties and costs of a total cessation of construction, yet with a view in keeping with the Court's judgment and toward preserving the issues raised by this case until final resolution, Appellee Denison University respectfully seeks the partial modification or partial stay of execution to permit it to continue work on items not in controversy."

Click here to view Denison's motion.

Click here to view the Exhibits attached to Denisons motion.

See previous stories on the Cleveland Hall Issue: