Attorneys for the Southern Ohio Historic Preservation Investment Group, LLC and the city of Hillsboro’s now-former code enforcement officer Anton Weissmann Tuesday filed a motion for dismissal of the 80-page notice of appeal by adjudication order in Highland County Common Pleas Court.

As previously reported, the civil case was filed Aug. 6. According to court documents, the investment group was appealing “the Adjudication Order of the City of Hillsboro, Ohio Chief Building Official Anton ‘Tony’ Weissmann, which was decided on July 18, 2019.”



The case involves a number of properties currently or formerly owned by Jack Hope in uptown Hillsboro, including 125, 127, 129, 131, 133 and 135 West Main Street. The Southern Ohio Historic Preservation Investment Group entered negotiations to purchase all of these properties except 135 West Main Street in April. Court documents say that Weissmann “placed the properties … as ‘uninhabitable’ and subject to a fine and prosecution,’ and that ‘demolition of the property can occur.’”

According to documents filed Tuesday, Aug. 20, newly appointed Hillsboro safety and service director Richard “Dick” Donley issued separation rescissions, or pull-backs, of the adjudication orders for 125, 127, 129, 131 and 133 West Main Street Aug. 14. The reason listed on the rescissions is that “the real property has transferred to a different owner and plans have been submitted to bring said property into compliance with the building code.”

In addition to rescinding the adjudication orders, according to Tuesday’s court filing, the city will remove notices “stating that the buildings were unfit for human habitation … upon the filing of this motion.” The notices were placed on the Southern Ohio Historic Preservation Investment Group’s properties April 16 by Weissmann.

“The Appellant and the Appellee respectfully move the court to grant the motion to dismiss the appeal of the adjudication orders,” the attorneys wrote. “The Appellee has taken and will take the further steps necessary to render the appeal moot, and the granting of this motion would be proper at this time.”

The motion was signed by attorneys David “D.J.” Osborne, Jr. on behalf of the investment group and Kathryn Hapner on behalf of the appellee.

The case is listed as closed in Highland County Common Pleas records.