Hamilton County Judge Carl Stitch today ruled against granting a temporary restraining order that would prevent the trio that owns and leases the Emery Theatre from evicting the nonprofit seeking to renovate the building.
The ruling comes as a minor victory to the University of Cincinnati, Emery Center Apartments Limited Partnership (ECALP) and the Emery Center Corporation (ECC), the groups that own and lease the Emery Theatre, and a loss to the Requiem Project, the nonprofit formed in 2008 to restore the theater to its former glory.
Still, Stitch cautioned that both sides potentially have a case and the rejection shouldn’t be seen as indicative of who will ultimately win the legal battle.
Given the ruling, both sides agreed to come back to the judge in 30 days with a status report on what their legal intentions are going forward.
Requiem argued that it needs the temporary restraining order to continue with the momentum the organization has built to renovate the theater.
On the other side, the various groups that own and lease the Emery Theatre claimed Requiem has shown little progress in raising funds to renovate the building. They said they would still like to see the theater restored, but not under the management of Requiem.
UC also continued denying any direct involvement in the case, instead arguing that ECALP handles the Emery building in its entirety for the university.
Tina Manchise and Tara Gordon, the two women who founded Requiem, said after the hearing that the three organizations are trying to eschew responsibility by pointing fingers at each other. In particular, they pointed out that UC has consistently claimed a lack of culpability, yet it’s also getting involved by asking the city to take over the building.
Last week, emails revealed that UC is offering to give the Emery Theatre to the city. UC Vice President of Governmental Relations Greg Vehr wrote in a June 21 email to Councilwoman Laure Quinlivan that giving the building away would allow the university to avoid becoming “a lightning rod in the private dispute between (ECC and ECALP) and the Requiem Project.”
If the city takes over the building, the legal dispute would likely become unnecessary and Requiem would probably be allowed to carry on with its plans.
For an in-depth look at the situation and history between Requiem and UC, ECALP and ECC, check out CityBeat’s original coverage here.