Wednesday, August 25, 1999
Judge to say whether historic building may be torn down
BY JANICE MORSE
The Cincinnati Enquirer
HAMILTON A Butler County judge Tuesday asked lawyers to submit written arguments that will help him decide whether a group of historic preservationists has the right to further delay demolition of a city-owned building.
Common Pleas Judge Keith Spaeth said he expects to rule today on whether the National Historic Preservation Act applies to the Nash building, a former bus station at 40 High St. and whether to grant the injunction request of Citizens for Historic and Preservation Services (CHAPS).
That nonprofit group obtained a temporary order Fri day that blocked the city from razing the building as planned on Monday. The demolition was delayed at least through today while the court action has been pending.
Ann Antenen, CHAPS president, and her husband, Jay, argue that because the building is listed in The National Register of Historic Places, the city cannot use federal funds to destroy it without first undergoing a lengthy process to justify its demolition.
However, Hillary Miller, acting city law director, in her written memorandum to the judge, argues that the federal historic preservation law does not apply to the Nash building.
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