The 11th District Court of Appeals has stepped in and temporarily halted construction of the Heritage House on Chardon Square.
On May 20, Chardon resident Dennis Killeen appealed the trial court’s decision to allow Heritage House to be built. He also filed a motion for injunction, asking the appellate court to stop the city from beginning construction — which was set to start June 22 — until his appeal is decided.
City officials filed a memorandum in opposition of Killeen’s motion for injunction on May 29.
On June 3, Judge Timothy Cannon, presiding judge of the appellate court, issued an order granting Killeen a temporary injunction while his appeal is pending in the court.
However, there is one caveat — Killeen will have to post a $90,000 bond.
“(City officials) have demonstrated that there is a likelihood (the City of Chardon) would incur additional costs and expenses in the event of a delay in this project,” Cannon wrote. “Therefore, it is the determination of this court that a bond should be required.”
The temporary injunction will only be in place if Killeen posts bond, Cannon said, adding if he does, construction shall be halted throughout the remainder of his appeal.
When asked if he was planning to post the $90,000, Killeen referred to his post on social media:
“In our (Killeen and Chuha’s) effort to stop the construction of Heritage House on Chardon Square, the Court of Appeals has agreed to hear our case. However, Douglas Courtney, Muni Engineer for City of Chardon, has sworn that if the appeal goes forward, the earliest time construction could begin is spring 2016. In that event, costs will increase from $483,027 to $572,000. Thus, the court of appeals has set bond at $90,000.
“Should we be able to post the bond, it will be returned if we prevail in our appeal. If not, it will go to the city. If anyone is a bit of a gambler and has an extra $90,000 to wager, please contact us ASAP.”
On May 14, Geauga County Common Pleas Judge Forrest Burt entered a judgment against plaintiffs Killeen and city resident Deborah Chuha, who were seeking to block the Heritage House project on various grounds.
Burt’s eight-page judgment found in favor of the city, following lengthy testimony by Chardon City Manager Randy Sharpe on May 7.
Referring back to the original land deed of 1812, Killeen and Chuha objected to the location of the Heritage House and activities expected to occur there in addition to meetings. The deed covenants limit buildings on the square to a courthouse, a schoolhouse and a meeting house, as presented at the May 7 hearing in Burt’s courtroom.
Killeen and Chuha also questioned the spending of taxpayer dollars on the project.
The appeal and injunction marks another set back following a long list of delays for the project, which has been almost a decade in the making.