Emery Theatre

Tana Weingartner / WVXU

The group trying to preserve Over-the-Rhine's Emery Theatre is suing the University of Cincinnati.

The Requiem Project wants to rehab the symphony hall and argues UC, which owns the property, misused grant funds meant for fixing the theater.

The 11 count lawsuit includes breach of contact, fraud and negligence allegations, and a request for a declaratory judgment in Requiem's favor.

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.