Thursday, August 26, 1999
Judge rules city may raze building
BY JANICE MORSE
The Cincinnati Enquirer
HAMILTON — A judge on Wednesday ruled the city has the right to tear down the Nash Building, formerly used as a bus station, but must wait almost a month to do it.
In the meantime, a group of activists may use other means to fight to save the 1930s-era building at 40 High St.
“We got what we wanted, which was to buy some time to get public opinion to the decision-makers,” said Peter Wessel, law clerk for attorney Michael S. Conese. Mr. Conese represents Citizens for Historic and Preservation Services (CHAPS), which took court action to prevent demolition of the city-owned building.
Butler County Common Pleas Judge Keith Spaeth ruled that the National Historic Preservation Act does not apply to the building because no federal funds were being used for its planned destruction.
However, Judge Spaeth ordered the city to act in accordance with its customary policy on historic buildings: to wait 30 days from the date that a contractor applies for a demo lition permit, said Hillary Miller, acting city law director.
That order will expire on midnight Sept. 19, but CHAPS may try to appeal it, Mr. Wessel said.
Unless another restraining order is filed — or someone steps forward to make costly structural repairs and put it to good use — the building will be torn down, Ms. Miller said.
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