FPS staff report
June 30, 2009
A hearing is scheduled for Thursday, July 9, at 1 p.m. before Carroll County Common Pleas Court Judge Dominick E. Olivito Jr. regarding an application for a temporary restraining order and preliminary injunction to stop the June 29 auction of the Carroll County Veterans Memorial Swimming Pool.
In a judgment entry signed June 23 by Judge Olivito, the temporary restraining order was granted, halting the scheduled June 29 auction and ordering the Carrollton Board of Education from proceeding with the sale or auction of the Vets Pool until further order of the Court.
The restraining order was to be in effect for 14 days and the plaintiff (Carroll County Veterans Club) was required to post a bond in the amount of $1,200.
The court action came following the Board’s decision to sell the pool and parcel of land of 2.037 acres on which the pool is located at a public auction scheduled for 6 p.m. June 29.
However, the Vets Club claims the pool, which was given to the School Board in 1988, was to be returned to the Veterans Club if or whenever it was ever closed.
Under current Ohio law, the Board of Education claims they cannot legally give back to the pool due to a section of the Ohio Revised Code (3313.41) which requires a Board of Education to hold a public auction if it owns real or personal property that exceeds $10,000 in value.
Complicating the matter is a land lease agreement made Jan. 15, 1972, between the Village of Carrollton and the Vet’s Club which reportedly was renewable every ten years and is not due to expire again until 2012.
Also pending in the Carroll County Common Pleas Court is a separate complaint filed June 23 by the Carroll County Veterans Club against the Carrollton Board of Education seeking a declaratory judgment, breach of contract, unjust enrichment, injuctive relief and constructive trust.
In the complaint, the plaintiff notes the Memorandum of Lease agreement with the Veterans Club was renewed for a ten-year term through 2012. |
