Denison Asks Judge Spahr To Reconsider

On Thursday, April 3, 2008, James Cooper, attorney for Denison University, submitted a motion to Judge Jon Spahr asking him to reconsider his decision in the Cleveland Hall case.

Denison is asking Judge Spahr to reverse himself claiming that the he “inappropriately applied a standard of review to the whole record presented from the administrative hearings before the [Granville Village] Council.”

Cooper claims the “Court recited the appropriate standard of review in its decision…” but “…did not apply the standard of review to the “whole record” as required.”

In a footnote, Cooper writes, “Denison respectfully submits that the plain language of the ordinance is clear…” No party to the case seems to argue with that statement, although Councilperson Tegtmeyer stated at Wednesday’s council meeting that she felt the law was unclear.

The citizens appealing the case to Judge Spahr had argued that the language of Granville’s law is quite clear and a common-sense reading of the law concludes that it obviously does not permit modern structures within the historical district. “Why would there be a law governing architectural design if any design is permitted?” the appellants asked.

As of this writing, there has been no response from the appellants to Denison’s request for reconsideration.”

Click here to view Denison’s motion for reconsideration.

See previous stories on the Cleveland Hall Issue: