Emery Theatre fight will continue

Aug 14, 2013

The Emery Theatre occupies the rear portion of the Emery Center in Over-the-Rhine.
Credit Tana Weingartner / WVXU

A Hamilton County Common Pleas Judge is denying a temporary restraining order (TRO) request by a group that wants to restore the Emery Theatre in Over-the-Rhine. In doing so, however, Judge Carl Stich noted that both sides' arguments have merit and both sides potentially have a legal case.

The Requiem Project filed suit against the non-profit and for-profit groups that run the historic Emery Building, and its owner, the University of Cincinnati.

Requiem's attorney Mark Painter argues there's a binding Letter of Intent for a lease agreement. Requiem says it is ready to move forward with fundraising and repairs but needs a lease to do so.

The for-profit Emery Center Apartments Limited Partnership (ECALP) argues Requiem hasn't made enough progress and it wants Requiem out.

The sides are also at odds over whether a binding Letter of Intent or a Management Agreement governs the relationship between Requiem and ECALP and the Emery Center Corporation (ECC).

ECALP attorney Jeff McSherry argues the management agreement supercedes the Letter of Intent.

The parties will meet again in court September 25 to update the Judge and see where the matter stands.

Painter says Requiem will likely expand its lawsuit.

Since the TRO was not granted, Requiem has no standing to store any property (ie: stage lighting, etc) in the theatre. It is unclear whether ECC intends to make Requiem vacate.