Village Council Decides Not To Appeal Cleveland Hall Decision

After a long executive session with Law Director Crites, Council returned to public session and discussed a motion by Councilperson Steve Mershon that would "authorize the Law Director to file an appeal in the Cleveland Hall matter." On a 3 to 2 vote against, the motion was defeated.

During the discussion, Councilperson Barsky declared she felt an appeal was "not in our best interest. I think we carried it the first time around."

Councilperson Tegtmeyer stated that she was leaning toward an appeal and was trying to decide "whether it's important to continue the defense of our current ordinances." She stated she felt the Planning Commission and Village Council had previously made the right decision. "Frankly, I don't really know what the right answer is. I believe our zoning code about this particular issue is not very clear," Tegtmeyer said.

Councilperson Steve Mershon said he was not taking sides, but felt we should defend our process and that is why he made the motion and would vote for it.

Councilperson Lon Herman said, "I do not support spending additional Village resources in support of a further appeal."

Connie Barsky reminded the others that Judge Spahr did not question the process, but rather an issue of law. "It's not a matter, as Steve said of defending the process."

Tegtmeyer said she thought that was a good point and however it turns out, she "hope[s] the contending parties will come to some peaceful resolution in a reasonably short period of time."

Matt McGowan said he agrees with much of what all of the others had said, but as far as cost of appeal is concerned, "it didn't seem that high to me." He went on to say, "I agree with my previous vote and plan to vote to appeal."

On roll call vote:

Mershon: "Yes"

Barsky: "No"

McGowan: "Yes"

Tegtmeyer: [a very long pause] "No"

Herman: "No"