Thrusday, December 24, 1998
Museum appeal hits snag
Circuit judge recuses self in Genesis case
BY EARNEST WINSTON
The Cincinnati Enquirer
BURLINGTON — Boone Circuit Judge Joseph Bamberger has removed himself from hearing an appeal next month by the Answers In Genesis group over a denial of a zone change.
Judge Bamberger said he stepped down because he owns part of a 400-acre farm in Gallatin County that the group considered for its museum project several years ago.
The Florence-based ministry last month appealed a decision by Boone Fiscal Court to deny a zone change for a 25-acre site east of Deck Lane and south of Interstate 275 near Petersburg. The Answers group wants to build a Bible-based creation museum featuring dinosaur models. The project would cost $5 million to $8 million.
Attorney Tim Theissen, who's handling the appeal for Answers in Genesis, said he was prepared to argue the case before Judge Bamberger on Jan. 26 and hopes the judge's announcement doesn't significantly delay the case.
“I did not realize he had any involvement in the case at all,” Mr. Theissen said. “If he feels like he needs to recuse himself, I respect that. We have reasons to try to get the case resolved as soon as possible.”
Mr. Theissen said the group is trying to close on the property being considered for the project.
Judge Bamberger said he was concerned about the look of any impropriety if he heard the case.
“The matter hasn't been in front of me on the merits yet, but was getting closer. And I felt obligated or that it was appropriate that I recuse myself because I have a 20 percent interest in a farm in Gallatin County,” Judge Bamberger said.
“And when Answers in Genesis first was rejected for their zoning in the Union area (in 1996), the (farm) corporation contacted Answers in Genesis and told them about our farm.
“The appearance of me having heard the case would not be appropriate, so that's why I'm getting out of the case. There's no indication that they have any interest in that land.”
Campbell Circuit Judge William J. Wehr, chief regional judge, will assign someone to hear the appeal, Judge Bamberger said.
In a legal complaint filed with its appeal, the Answers group is seeking at least $20,000 in damages for legal fees it has paid while pursuing the project. The group, which espouses a strict biblical version of creation, also plans to construct an office building, warehouse and educational facilities.
Meanwhile, the group is gathering materials for the planned museum. At a Dec. 8 auction in Baltimore, group officials purchased materials from a science exhibit called “The Hall of Exploration” at the folding Columbus Center.
The exhibit, which includes materials about DNA and cell research, “will instantly make (the planned museum) a national attraction for us,” said Mike Zovath, general manager of Answers in Genesis.
Family brings Nativity to life
Travel advisory: Be patient
Swans reach winter home for Christmas
Popular teacher mourned
Blind faith
Repair scam costs owners thousands
Road comes, lottery outlet goes
Zoo veterinarian goes to gorillas
head 'Easy' Christmas gifts quite a chore
$1.7 B county budget approved
Activities dampen kids' winter whines
Beer memorabilia on tap
Charter school enrolls Heimlich
Chiquita defendant's lawyer questions prosecutors' roles
Counterfeitershit Middletown area
Eight-time DUI driver indicted on 46 charges
Employees charged after fights inside bar
Kenton loses $93,000 appeal
Local agencies have share of federal homeless funds
Man charged with raping girlfriend, son
Middletown man pleads insanity in slaying
Museum appeal hits snag
TRISTATE DIGEST
Wyoming's new Web site to be gateway to city hall
It's beginning to smell a lot like Christmas
Some Ky. politicians get early Christmas presents
