Denison Submits Its Arguments To The Court Of Appeals
Denison University has filed its brief with the Fifth District Court of Appeals arguing its appeal of Judge Jon Spahr's decision overturning the Village's approval of the modernist Cleveland Hall additions. Denison's attorney, James Cooper filed the brief on June 20, 2008. The Granville citizens who originally appealed the Planning Commission's decision to Village Council and then to Judge Spahr's Court of Common Pleas must reply to Denison's arguments before July 14, 2008.
In its brief, Denison argues that:
"The Common Pleas Court committed error by incorrectly applying the applicable standard of review to the record presented from the administrative hearings before the Council of the Village of Granville, Ohio, and by improperly considering the findings of the Planning Commission of the Village of Granville."
Judge Spahr, on March 10, 2008, had sustained one of three assignments of error argued by the citizens and reversed the decision of Village Council. Council had voted 3 to 2 on June 20, 2007 to uphold the Planning Commission's February 26, 2007 3 to 2 decision to grant Denison University a Planning and Zoning Permit for the construction of three modernist 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. However, the Fifth District Court of Appeals ruled that Denison was not eligible for an accelerated calendar.
Denison, in its brief to the Court of Appeals, requested "that the decision and judgment of the Licking County Common Pleas Court filed March 10, 2008, be reversed."
Click here to view the complete brief filed by Denison University.
The citizens, now considered "appellees" in the case, have 20 days to reply to Denison's arguments. Denison will then be permitted to submit a reply brief.
Following submission of all briefs, the Court of Appeals will schedule the case for oral arguments.
See previous stories on the Cleveland Hall Issue:
The sheer arrogance of the man
It is fascinating how arrogant someone like Dale Knobel can be. You would think a college president would be more creative, open-minded, and professional.
The trial judge in this case, Judge Spahr, never gets overruled; Judge Spahr is just that good.
What a shame Knobel's intransigence is wasting Denison's time and money on such a low probability strategy.
The right answer for Denison is simple: just follow the law.
What Does Denison Think?
So Denison is persisting in trying to bring a modern glass building to our sleepy, 19th century village. Are they nuts or do they have an ulterior motive?
Perhaps this is all about the next application - build a huge, modern theater arts complex on the lower campus.
Wouldn't that look great in the middle of our historic district?
Dale Knobel did say that's what they want to do, didn't he?