Friday, December 10, 2010

Injunction Hearing TODAY 8:30 on 142 McMicken

Ina  last minute effort to save 142 McMicken from Demolition an injunction was filed and will be heard today in Judge Ted Winklers Court,. The hearing will be held at 8:30 this morning and the public is invited to attend., those who can not attend should email at TWinkler@cms.hamilton-co.org  you may phone at 513-946-5751.

Please be respectful and speak only to the facts , not that its a great building that need to be saved. Reasons for an injunction may include:

There is a legitimate question if the board of CPS violated the Ohio Sunshine Laws by taking a vote to demo an asset of the corporation when that issue was not set publicly for open public comment.

Did CPS follow proper ethics rules in the selection of an engineer to issue a structural report and did they place that contract out for bid and when/if a vote was taken by the board for an expenditure outside normal budget.

The emergency demolition order 'circumvents' the Historic Commission and the citizens ability to issue comment..

It is unknown if CPS is using any Federal monies as part of the demolition 'process' which should trigger a section 106 review under the 1966 Historic Preservation Act which requires a review be done on any property 50 years old that is in a  historic district or may be historic eligible.

Since this is an asset of the corporation did CPS expose it for sale as there 'appears' to be no public record of that. It would be appropriate to point out an buyer has come forth willing to purchase the building.

The demolition company "may" not be following proper lead abatement regulation as part of the demolition and the court should seek independent verification before it would allow demolition to proceed.

Based on the above reasons the Court should issue an injunction until these questions can be satisfactorily answered by CPS

1 comment:

epavner said...

To add to your list of questions: Did CPS buy the building with the original stated intention to demolish it? That certainly violates the City's preservation regulations. I'm pretty sure you can't acquire a building just to demolish it.