The German Village Society got the Franklin County Court of Common Pleas to temporarily halt construction of accessible curb ramps after the society alleged the city violated its own laws.
Judge Kimberly Cocroft issued a preliminary injunction Monday after the society sued in early September to halt construction of more of the concrete ramps topped with plastic bump pads. The city has been installing concrete with plastic bump ramps at street corners that the society says aren't historically compliant with the brick and sandstone set on the street in the 19th century by German immigrants.
The society argues the city went forward with the project without seeking a certificate of approval from the German Village Commission. The society sent a demand letter to the city before deciding to file a lawsuit.
The city argued it didn't need to seek the certificate. Under city law in Columbus City Code Section 3116.04 "no person shall construct, reconstruct, alter, change the exterior color of or demolish any listed property or architectural feature thereof or any structure or architectural feature now or hereafter in a district or make site improvements thereon without first applying for a certificate of appropriateness therefor and obtaining either such certificate of appropriateness or a clearance."
Magistrate Judge Elizabeta Saken, who issued an opinion on the injunction last week, said the city violated its own law by proceeding without approval from the commission. She called the law in question "clear and unambiguous."
Saken said the statutes that apply in city code condition the certificate on whether the property upon which the work is to be done is privately-owned or city-owned, nor whether the applicant is a private landowner or the city.
Private landowners often have to seek city approval if they wish to make alterations to their homes in German Village or other historic areas like the Brewery District, Italian Village or Victorian Village.
Saken also pointed out she believed the city ignored the demand letter sent by the society to proceed on the project regardless of whether city law was violated.
"The demand letter in this case clearly put the city on notice of the requested action and the City Attorney clearly refused to commence that action," Saken wrote.
The two candidates for Columbus City Council were questioned Tuesday night by the German Village Society at a candidate forum on the issue.
Jesse Vogel brought a copy of the magistrate's order to the forum and said he believes both the city and landowners should play by the same set of rules and follow the law.
Tiara Ross said she didn't think the law was clear and wanted clarity, calling for possible changes to city code to make it more clear.
Cocroft called the magistrate's decision "well-reasoned" and said it correctly applied the law to the facts of the case.
Cocroft's injunction specifically orders that the city is enjoined "from causing, allowing, permitting, assisting, promoting, or accommodating the demolition or alteration of any sidewalks or curbs within the German Village Historic District, whether by an affirmative act or an omission, unless and until a certificate of appropriateness had been obtained from the German Village Commission for the specific demolition or alteration."
The city attorney's office said in a statement it respects the magistrate judge’s decision in this matter. The office says it will continue its effort to make the sidewalks in German Village safe and ADA accessible for all Columbus residents as the case proceeds.
This preliminary injunction will remain in effect until the court issues a final appealable order in the case.
