Appellate court rejects effort by Moundbuilders, which ponders Ohio Supreme Court relief
An Ohio appeals court rejected an effort by Moundbuilders Country Club in the ongoing saga over the future of the historical Newark Earthworks, leaving the golf course with the potential of having no witnesses in the upcoming trial.
On Jan. 16, the 5th District Court of Appeals dismissed an appeal by Moundbuilders's attorneys challenging Licking County Common Pleas Court Judge David Branstool's pretrial rulings excluding expert testimony provided by Moundbuilders's witnesses about the valuation.
Attorneys for Moundbuilders are deciding whether to appeal that decision to the Ohio Supreme Court
The appeal, filed in October, delayed the start of a jury trial to determine how much Ohio History Connection must pay Moundbuilders Country Club to buy out the lease of the golf course so it has full control of the Newark Earthworks.
By dismissing the appeal, the jury trail can be rescheduled in Licking County Common Pleas Court, Branstool said.
But the dismissal also leaves the country club without witnesses, Moundbuilders's attorney Joe Fraley said Jan. 19. Without any witnesses from Moundbuilders, Fraley said, it ensured that a jury can only come to one conclusion, which is in favor of the Ohio History Connection's valuation.
"Don't really consider that to be a trial as at least I understand what a trial is, which is to listen to both sides and come to a fair resolution," he said.
The Advocate previously reported that the Ohio History Connection argued Moundbuilders is only entitled to the fair market value of what is being taken, which is the reminder of the lease. OHC experts maintain the value is about $2 million.
Moundbuilders argued it is entitled to the cost to reproduce the country club and golf course at another location, or between $9.8 million and $22 million.
Fraley said Moundbuilders has two options: proceed with the jury trial or appeal the 5th District's decision to the Ohio Supreme Court.
Fraley said Moundbuilders will discuss this week whether to appeal the 5th District's decision to the Ohio Supreme Court. He added that the appeal is likely to happen, but it had not been decided as of Friday.
If Moundbuilders's attorneys opt not to appeal, Branstool said he will meet with attorneys for both sides in the coming weeks to schedule the jury trial.
The Ohio Supreme Court ruled in December 2022 the Ohio History Connection can take Moundbuilders Country Club by eminent domain and transform the golf course property, which includes the Newark Earthworks' Octagon Mounds, into a public park.
The Octagon Earthworks, part of an eight-site Ohio grouping called Hopewell Ceremonial Earthworks, received the coveted designation of a World Heritage site on Sept. 19 at the UNESCO World Heritage Committee meeting in Riyadh, Saudi Arabia.
The World Heritage designation puts Newark Earthworks in the same category as Yellowstone National Park, Taj Mahal, the Great Wall of China and the Acropolis.
Neil Thompson, a spokesman for the Ohio History Connection, said the organization continues to respect the ongoing legal process surrounding the Octagon Mounds and was thankful for the 5th District's decision.
"Our guiding principles through this process is we want to enable full public access to the Octagon Earthworks, while at the same time ensuring that Moundbuilders Country Club receives the just compensation for the value of its lease on the property," he said. "We await the outcome as does everyone but it's nice to see that this appeal has been heard and we have the decision from the 5th District."
mdevito@gannett.com
740-607-2175
Twitter: @MariaDeVito13
This article originally appeared on Newark Advocate: Moundbuilders may appeal Newark Earthworks ruling to Ohio Supreme Court
