by German Lopez
120 days ago
Judge says case is too early to call either way but refuses to grant restraining order
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
Requiem argued that it needs the temporary restraining
order to continue with the momentum the organization has built to
renovate the theater. The nonprofit says it needs a permanent lease to
use and raise funds that would go toward restoring the theater, which is
cited as one of the few “acoustically pure” complexes in the nation.
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.
0 Comments · Wednesday, August 14, 2013
The city of Cincinnati might take over
the Emery Theatre following a legal dispute between the nonprofit seeking to renovate the theater, and the group of leasers and owners trying
to push the nonprofit out of the building.