City asks court to dismiss action brought by Parker Hotel owner
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The city of Hillsboro has filed a motion asking the Highland County Common Pleas Court to dismissed a suit filed by Parker Hotel owner Jack Hope which sought to have the city pay him damages in the amount of $2.6 million.
The city alleges that Hope has not followed the city's administrative appeals process and that his claim for relief against the city and Hillsboro Safety and Service Director Ralph Holt for "undue aggravation is not a cause of action recognized under Ohio law."
Hope filed a motion with the office of the Highland County Clerk of Courts on April 14, stating, "The Plaintiff, Mr. Jack Hope, moves the court to find Defendant Ralph Holt and the city of Hillsboro guilty of undue aggravation and damage to Mr. Hope's reputation. Damages in excess of $100,000 have been received by Mr. Hope and the estimated cost to restore the Parker Hotel and bring it up to code has been estimated at $2,500,000. The court is thereby moved to assign these total damages of $2,600,000 to the defendant."
The motion was filed in response to a March 15 letter Holt sent to Hope stating he had 30 days to make repairs to the structures at 137 W. Main Street, or the city would seek to have them removed.
A status hearing was held Monday, during which Deputy Hillsboro Law Director Kathryn Hapner said Highland County Common Pleas Court "Judge (Rocky) Coss urged Jack to follow the administrative proceedings set forth in ordinance 150.05, and to get his own attorney."
Hope is acting as his own attorney in the proceedings.
The city's ordinance on "dangerous buildings," was passed by the Hillsboro City Council in June 2010. The ordinance states that a citizen who has a property that has been declared a "dangerous building" by the city housing inspector (Holt) has 30 days to write a written response stating their objections. Hapner said that Hope did so, within 30 days. The matter can now go through the appeals process, which would be heard by the property maintenance and restoration committee of the Hillsboro City Council.
On Tuesday, Hapner filed a motion to dismiss on behalf of the city, saying the city had received "a written communication from (Hope) which it will deem to be an objection to the finding of the housing inspector. However, no hearing before the property maintenance and restoration committee has taken place. At the hearing before (the committee, Hope) will be provided an opportunity to to present any evidence and testimony that is relevant to the issue. Because (Hope) has not exhausted his administrative remedies, his complaint is not ripe for adjudication by this court and must be dismissed."
Hapner wrote that, "Even if (Hope) had exhausted his administrative remedies his complaint should still be dismissed for failing to state a claim upon relief can be granted. In his complaint, (Hope) alleges only that the city of Hillsboro is 'guilty of undue aggravation and damage to Mr. Hope's reputation.' The city of Hillsboro is not party to this action. The defendant is Ralph Holt and there are no allegations made against Ralph Holt. Further, 'undue aggravation' is not a cause of action recognized under Ohio law."
The city has asked that Hope's case be dismissed, and that he be ordered to pay court costs.
Hope told The Highland County Press on Tuesday that he has not been contacted by the property maintenance and restoration committee regarding a hearing on the matter.
He also said that he does not plan on hiring an attorney, although, "that doesn't mean that I won't if I have to."
Hope said that the city has contacted him and asked him to meet with Peg Beekman, who writes the city's grants and secured grant funding for the Hillsboro Opera House. Hope said that he has had conversation with her in the past, but he is not interested in grant dollars, because he is not interested in receiving taxpayers' dollars.
"I am not actively pursuing it," Hope said. "I would like to have an investor come in, with the city behind them, that is going to redo this downtown area. I am not in favor of spending taxpayers' money on this. If something came up that would be the to benefit of the city (he would consider it). I'm not in this for myself. I'm only in this because I'm trying to do something good for Hillsboro."
When Hope entered the Highland County Press office, he brought with him a bucket full of bricks and mortar that he said he collected off of streets and alleys after they had fallen from buildings in the uptown area. Hope said that bricks are not falling off the Parker House, be the contents of the bucket were proof they were falling off other buildings.
The city of Hillsboro has filed a motion asking the Highland County Common Pleas Court to dismiss a suit filed by Parker Hotel owner Jack Hope which sought to have the city pay him damages in the amount of $2.6 million.
The city alleges that Hope has not followed the city's administrative appeals process and that his claim for relief against the city and Hillsboro Safety and Service Director Ralph Holt for "undue aggravation is not a cause of action recognized under Ohio law."
Hope filed a motion with the office of the Highland County Clerk of Courts on April 14, stating, "The Plaintiff, Mr. Jack Hope, moves the court to find Defendant Ralph Holt and the city of Hillsboro guilty of undue aggravation and damage to Mr. Hope's reputation. Damages in excess of $100,000 have been received by Mr. Hope and the estimated cost to restore the Parker Hotel and bring it up to code has been estimated at $2,500,000. The court is thereby moved to assign these total damages of $2,600,000 to the defendant."
The motion was filed in response to a March 15 letter Holt sent to Hope stating he had 30 days to make repairs to the structures at 137 W. Main Street, or the city would seek to have them removed.
A status hearing was held Monday, during which Deputy Hillsboro Law Director Kathryn Hapner said Highland County Common Pleas Court "Judge (Rocky) Coss urged Jack to follow the administrative proceedings set forth in ordinance 150.05 and to get his own attorney."
Hope is acting as his own attorney in the proceedings.
The city's ordinance on "dangerous buildings," was passed by the Hillsboro City Council in June 2010. The ordinance states that a citizen who has a property that has been declared a "dangerous building" by the city housing inspector (Holt) has 30 days to write a written response stating their objections. Hapner said that Hope did so, within 30 days. The matter can now go through the appeals process, which would be heard by the property maintenance and restoration committee of the Hillsboro City Council.
On Tuesday, Hapner filed a motion to dismiss on behalf of the city, saying the city had received "a written communication from (Hope) which it will deem to be an objection to the finding of the housing inspector. However, no hearing before the property maintenance and restoration committee has taken place. At the hearing before (the committee, Hope) will be provided an opportunity to to present any evidence and testimony that is relevant to the issue. Because (Hope) has not exhausted his administrative remedies, his complaint is not ripe for adjudication by this court and must be dismissed."
Hapner wrote that, "Even if (Hope) had exhausted his administrative remedies his complaint should still be dismissed for failing to state a claim upon relief can be granted. In his complaint, (Hope) alleges only that the city of Hillsboro is 'guilty of undue aggravation and damage to Mr. Hope's reputation.' The city of Hillsboro is not party to this action. The defendant is Ralph Holt, and there are no allegations made against Ralph Holt. Further, 'undue aggravation' is not a cause of action recognized under Ohio law."
The city has asked that Hope's case be dismissed, and that he be ordered to pay court costs.
Hope told The Highland County Press on Tuesday that he has not been contacted by the property maintenance and restoration committee regarding a hearing on the matter.
He also said that he does not plan on hiring an attorney, although "that doesn't mean that I won't if I have to."
Hope said that the city has contacted him and asked him to meet with Peg Beekman, who writes the city's grants and secured grant funding for the Hillsboro Opera House. Hope said that he has had conversation with her in the past, but he is not interested in grant dollars because he is not interested in receiving taxpayers' dollars.
"I am not actively pursuing it," Hope said. "I would like to have an investor come in, with the city behind them, that is going to redo this downtown area. I am not in favor of spending taxpayers' money on this. If something came up that would be the to benefit of the city (he would consider it). I'm not in this for myself. I'm only in this because I'm trying to do something good for Hillsboro."
When Hope entered the Highland County Press office, he brought with him a bucket full of bricks and mortar that he said he collected off of streets and alleys after they had fallen from buildings in the uptown area. Hope said that bricks are not falling off the Parker House, but the contents of the bucket were proof they were falling off other buildings.
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