Moundbuilders makes its case to Ohio Supreme Court
NEWARK – The Ohio Supreme Court heard oral arguments Tuesday morning in the Moundbuilders Country Club appeal of lower court rulings allowing the Ohio History Connection to reclaim the Newark golf course property by eminent domain.
The hearing, conducted by videoconference, allowed each side about 20 minutes, with the justices periodically asking questions of the attorneys. A decision is not expected for possibly six months or longer.
Joe Fraley, attorney for Moundbuilders Country Club, said the two issues are whether the OHC purchase offer was made in good faith, and if the trial court used the appropriate standard to determine the taking by eminent domain.
More of the discussion was about whether the OHC offer was made in good faith than on its need to reclaim the property, which has been operated as a golf course since 1910. The OHC owns the property and leases it to the country club.
“The lower courts applied a definition of good faith as being the absence of bad faith,” Fraley told the court. “They further went on to discuss engaging in a conscious wrong-doing or a dishonest purpose. Both of the lower courts applied the wrong standard.
“Bad faith is not found in the statute. The lower court failed to support any of its ruling with cases that discuss good faith within the concept of a statutory definition.”
The OHC seeks to buy back the lease and convert the property to a park to improve public access to Octagon Mounds, part of the Hopewell Ceremonial Earthworks proposed for nomination to the World Heritage List.
On. Jan. 29, 2020, the Ohio Fifth District Court of Appeals rejected a Moundbuilders' appeal, affirming a May 10, 2019, decision of Licking County Common Pleas Court Judge David Branstool that OHC has the authority to acquire the lease at the Octagon Earthworks by eminent domain.
OHC offered Moundbuilders $800,000 to buy back its lease, based on an appraisal, but previously received an appraisal of $1.75 million, which was not disclosed until almost a year later.