A Marathon Legal Battle: Moundbuilders Country Club Vs. Ohio History Connection

Moundbuilders Appeals Fifth District Court Ruling

Appealing Court Decisions and Stalling in the Judicial System

The protracted legal saga between Moundbuilders Country Club and the Ohio History Connection (OHC) continues to lumber through the judicial system. As the latest twist in this protracted narrative, Moundbuilders has chosen to appeal a Fifth District Court of Appeals verdict to the Ohio Supreme Court. The Country Club has further sought an adjournment in the jury trial, previously scheduled for February 20 at the Licking County Common Pleas Court. This trial was intended to ascertain the value of the club’s lease on the property.

The Ohio Supreme Court and Moundbuilders Country Club

Impact of Eminent Domain and Transforming Private Land into Public Park

In an almost unprecedented decision in December 2022, it was ruled by the Ohio Supreme Court that the Ohio History Connection had the authority to seize Moundbuilders Country Club through eminent domain. The objective of this was the conversion of the golf course, inclusive of the Newark Earthworks’ Octagon Mounds, into a public park. What remains unclear, however, is the monetary value the OHC is liable to pay Moundbuilders for procuring the realty.

The Octagon Earthworks and World Heritage Designation

Comparing the Newark Earthworks with Iconic Global Landmarks

The Octagon Earthworks, one of the eight-part Hopewell Ceremonial Earthworks grouping in Ohio, was conferred the prestigious classification of a World Heritage Site on September 19 at a meeting held in Riyadh, Saudi Arabia by the UNESCO World Heritage Committee. This prominent distinction situates the Newark Earthworks in parallel to globally iconic locales such as Yellowstone National Park, the Taj Mahal, the Great Wall of China, and the Acropolis.

Witness Testimonies and Their Role in the Legal Battle

The Possible Consequences of Only Allowing Evidence from One Side of the Case

Moundbuilders appealed to the Fifth District Court of Appeals regarding a pretrial ruling in October by Licking County Common Pleas Judge David Branstool, concerning who could provide expert testimony during the trial. The District Court held that it did not maintain jurisdiction and consequently dismissed the appeal. The notion of a trial proceeding with solely one side having witnesses could severely compromise the integrity of the trial and potentially force a retrial, thereby delaying the final outcome even further.

The Ongoing Preparations and Delayed Trial

Costs and Consequences of Lengthy Legal Battles

Whilst the OHC consents that the February 20 trial date must be postponed, it shares its grievance about the undisclosed plans of Moundbuilders. The country club’s lack of warning prior to filing its notice of appeal had significant implications for both sides’ strategies and financial planning. The deferral of this case has led to enduring losses for the OHC, such as compensating its expert witnesses for time spent in trial preparation that has been in vain due to the repeated cancellations and the inability to utilize the property until the payment for the land is determined and provided.

Originally Post From https://www.newarkadvocate.com/story/news/local/2024/02/11/moundbuilders-appeal-likely-delays-trial-to-determine-property-value/72541979007/

Moundbuilders Appeal Likely to Postpone property Value Trial