Ohio Supreme Court won't hear City Gospel Mission case

May 8, 2013

The Ohio Supreme Court has refused to hear a case that will allow the City Gospel Mission to relocate its facility to Queensgate.  The homeless shelter is planning to move from Over-the-Rhine to property located on Dalton Avenue.  

The Supreme Court decision means the ruling from the First District Court of Appeals stands, which upheld the constitutionality of a city ordinance giving the Gospel Mission the conditional right to operate a special assistance shelter on the property.  

City Solicitor John Curp issued a memo Wednesday to the Mayor and Council Members about the decision.  

Several neighboring Queensgate businesses and property owners, who oppose the relocation, filed a lawsuit in 2011 challenging a City Council action that allowed the plan to move forward.  

City Council passed a "notwithstanding ordinance" to allow the facility on Dalton Avenue since a special assistance shelter was not permitted in the zoning classification for the property.  

A Hamilton County Common Pleas Court Judge had earlier in City Gospel Mission's favor with a summary judgment.  

Curp also said in the memo the city had issued building permits for the City Gospel Mission project, which the Queensgate businesses have challenged before the Zoning Board of Appeals.  That board upheld issuing the permits.  

Curp said in the memo he anticipates the businesses will appeal the decision to the Hamilton County Common Pleas Court.