Thursday, May 13, 2010

Council unanimously declares James Gamble House Historic

The city council yesterday unanimously declared the James Gamble House Historic, the optimism that the house may be saved is tempered somewhat by the fact the attorney for Greenacres Foundation filed a 146 page complaint with the zoning board of appeals in an attempt to reverse the declaration.

If today's decision will have any impact on the court case between greenacres.org and the City of Cincinnati over the city's denial of a demolition permit remains to be seen. The court could hold that the demolition permit was applied for prior to the application for historic status and the declaration is irrelevant or the court could hold that Greenacres was aware that the application was being made and applied for the demolition permit as a means to avoid declaration.

In either case it is highly likely that legal maneuvers are far from over. Preservationist are hoping that Greenacres will attempt to repair its now RUINED public image by agreeing to sell the Property to Cincinnati Preservation Association that has made an offer to purchase.

3 comments:

Bob said...

Paul-

You wrote: "The court could hold that the demolition permit was issued prior to the application..."

I think you meant the demolition permit was "applied for prior to" because if the permit HAD been issued the house would be rubble now!

Actually, C. Francis Barrett has repeatedly stated in hearings, meetings, court appearances, etc. that Greenacres applied for a demolition permit AFTER they became aware of the application for historic designation because "it was the only way to protect our property rights."

I think they are more likely to argue that the historic overlay district was not in-place when they applied for the demolition permit.

Either way, I hope that Judge Nadel will consider all the evidence in this case and weigh them equally; I know I wouldn't want to be known as the judge who knocked down the Gamble house!

Paul Wilham said...

Your right thats what i meant, HAD NOT had my coffee when I wrote that.

My hope is that Judge Nadel finds for the city but also hauls Carter Randolph off to jail for contempt of court and tampering with evidece in an attempt to influence the outcome of a legal proceeding.

THAT...would make my day!

fordmw said...

Fingers crossed, buddy!