Saturday, March 06, 1999
City wins battle over fountains
Mason forces businessman to relent
BY KEVIN ALDRIDGE
The Cincinnati Enquirer
MASON — Frank Bravard, the owner of Custom Fountains, is angry with city officials for forcing him to remove two large fiberglass fountains from in front of his business.
The city wanted the fountains removed because it said they sat in the public right of way and created a road hazard.
Mr. Bravard is concerned the move will hurt his business.
“We will most certainly be damaged by moving them,” he said. “They were an integral sales tool for our store. They were like a landmark. Passersby don't remember our signs out front; they remember those fountains.”
The city gave Mr. Bravard until today to remove them. The fountains — one 10 feet high and the other 12 feet high — were fixtures along U.S. 42 for more than 15 years, he said.
“It is a liability issue for the city,” said Lisa Rammes, an attorney for Mason. “The fountains are substantial structures that do impede the right of way. We were simply trying to protect the public by removing the obstructions.”
The city first sought to have the fountains removed in 1993, when it filed an action against Custom Fountains Inc. in Mason Municipal Court. The case was dismissed on a technicality.
In December, Mr. Bravard filed for a preliminary injunction against the city in Warren County Common Pleas Court after officials again began efforts to remove the fountains. But Judge P. Daniel Fedders denied the motion
and ruled for the removal of the structures.
As employees drained water from and took apart the fountains Friday, a sad and angry Mr. Bravard questioned the city's motives.
“The fountains have never in all these years presented any traffic obstructions or have been involved in any accidents,” he said. “Why has this become an issue now?”
Mason City Manager Scot Lahrmer said the fountains have long been a concern for the city. He said Mason's charter does not allow for the use of the city's right of way for the placement of private property.
“They did not have our permission to put the fountains on city property,” Mr. Lahrmer said. “And I'm not aware of any documentation the city has that would have allowed them to do it.”
Mr. Bravard acknowledged he had no written permission to leave the fountains in the right of way. But he did say city engineers gave him verbal permission 15 years ago to put the fountains there as long as they were moveable structures.
“At that time, we were told if we could assure the liability of damage from the fountains, the city would allow the fountains to remain in place,” he said. “Why has the city now changed their minds after 15 years?”
Cara Morgan, general manager at Custom Fountains, thinks it's personal. She said Custom Fountains is the only business along U.S. 42 being “harassed by the city” for using the right of way.
She said several businesses along the road have signs, posts, parking lots, vehicles and other private property in the city's right of way.
“But they aren't being asked to move their stuff,” she said. “I can't help but feel we are being singled out for some reason that hasn't been revealed yet.”
When asked about the other businesses along U.S. 42 having obstructions in the city's right of way, Mr. Lahrmer responded: “This case is not the other businesses in Mason. This is about Custom Fountains Inc.”
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