Court reverses ruling

Appeals court rules against 2016 decisions in Park District case

An appeals court judge on May 30 reversed a 2016 ruling by Geauga County Probate/Juvenile Court Judge Tim Grendell that parts of an agreement between Chester Township trustees and the Chester Township Park District violate state law.

In a 23-page opinion filed May 30, Presiding Judge Sean C. Gallagher from the 8th District Appellate Court, along with 10th Appellate District Judges William A. Klatt and Patrick M. McGrath, all of whom were sitting on the 11th District by assignment, reversed and vacated Grendell’s decision, finding fault in “the extent of the probate court’s jurisdiction over a judicially created park district.”

“The probate court invoked its own continuing jurisdiction in a case initiated by the Chester

Township Board of Trustees ... in 1984 to create the Chester Township Park District,” the court document reads. “The central question, as framed by the parties, is whether the probate court maintained jurisdiction over the Trustees and the township as a political entity either through the exercise of its plenary power to enforce the terms of the 1984 order creating the Park District or, otherwise, through the probate court’s continuing jurisdiction over the Park District.”

In April 2016, the Ohio Supreme Court decided that Grendell had jurisdiction to issue certain orders involving the Park District commissioners and township trustees.

On June 22, Grendell found that the 1993 agreement would improperly grant trustees Michael Petruziello, Bud Kinney and Ken Radtke Jr. authority

to terminate and discontinue the park district. Under state law, this can only be accomplished by probate court or a vote of township residents, Grendell stated.

Grendell also found the agreement:

• Improperly allows trustees to take control of all Chester Township parks

• Creates an unlawful veto mechanism to override the decisions of the Park District’s commissioners

• Grants the trustees authority to interfere with commissioners, despite the Park District being a separate legal entity.

Grendell also ruled that the more than $37,000 in fees and expenses by attorney Mary Jane Trapp for her services as master commissioner are reasonable and should be taxed as costs.

According to Grendell’s judgment entry, the Probate Court will pay $10,386.26 of Trapp’s costs, with the rest being split between the Park District and trustees.

The trustees argued Grendell has no authority

to tax the master commissioner’s fees as costs to the township.

Grendell stated that trustees incorrectly believe they can dissolve the Park District to gain ownership of the land owned by the Park District.

“… All township lands used for township park purposes, regardless of the record ownership, are under the jurisdiction of the Park Board,” Grendell stated.

In an e-mail exchange May 31, Chester Township Trustee Ken Radtke, Jr. declined immediate comment. However, he did indicate he and his fellow trustees may make a statement together as soon as the June 8 trustees’ meeting.

“I intend to ask my fellow trustees at the next public trustees meeting if they wish to make/publish a joint statement to the media/public regarding this matter,” Radtke’s e-mail reads.