Appeals Court Denies Denison's Request

The Fifth District Court of Appeals ruled that Denison was not eligible for an accelerated calendar. Denison has appealed Judge Jon Spahr's decision that Granville Village Council had erred in approving the plans for the renovation and additions to Cleveland Hall. As a result of that decision, construction on Cleveland Hall has been halted. In their appeal, Denison had asked for an accelerated calendar to help alleviate the ongoing costs that would be incurred by further delay.

In its judgment entry, the Appeals Court ruled, "The docketing statement in this case states that appellant has requested that the matter be assigned to the accelerated calendar. Although this court has by local rule adopted an accelerated calendar, the court reserves the right to make a calendar assignment other than accelerated, where the factors set fourth in APP.R. 3 (g) do not exist."

The judgment continued, "Upon review of this matter, it appears that this matter is not appropriate for the accelerated calendar case. For these reasons, the court hereby sua sponte assigns this matter to the regular calendar. Appellant is ordered to notify the court reporter of the new assignment on or before April 23, 2008. Sua sponte assignment to regular calendar. It is so ordered."

Sua sponte is Latin for "of one's own accord." In this legal case, it means the Appeals Court acted spontaneously without prompting from another party.

This ruling came before the Appeals Court had a chance to review and rule on a motion filed by Denison to move to the regular calendar. Denison changed its mind after filing its appeal because the accelerated calendar does not allow for oral argument before the court.

Without an accelerated calendar, it will require approximately nine months to a year for the case to be heard and a decision reached by the Court of Appeals.

It should be noted that in this case before the Court of Appeals, Denison is now the Appellant whereas in the appeal before Judge Spahr in the Court of Common Pleas, Denison was an Appellee along with the Village of Granville. The Village chose not to join Denison in appealing Judge Spahr's decision.

Three Granville residents were Appellants before Judge Spahr appealing Granville's decision to permit the Cleveland Hall renovation and additions. Judge Spahr agreed with the Appellants in their first assignment of error and reversed the decision of the Village of Granville.

In the event Judge Spahr's decision is overturned by the Court of Appeals, the decision will be remanded back to him and he will then rule on the Appellant's second assignment of error. He could also sustain that argument of the Appellants and once again reverse the Village's decision. That, presumably, could prompt Denison to appeal again to the Court of Appeals and add yet another nine months to a year onto the Cleveland Hall project.

See previous stories on the Cleveland Hall Issue: