Judge encourages sides to find resolution in Greyhound depot case before March trial

The new judge assigned to hear the case involving the city of Columbus' attempts to shutter a new West Side bus depot encouraged both sides on Wednesday to find their own resolution before a March trial date.

The delay in proceedings comes despite city officials seeking immediate action on closing the terminal and after allegations that Mayor Andrew J. Ginther told the previous judge how to rule on the case.

During the Wednesday hearing, visiting Judge Gary Dumm, a retired Circleville Municipal judge the Ohio Supreme Court assigned to take over the case, called the parities into his chambers to hold a roughly 20-minute off-the-record conversation.

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He then emerged to thank attorneys for the city and two inter-city bus companies, Barons and Greyhound, for "the frankness of the information that was exchanged," before adjourning until March 4, when he set aside time for an up-to three day trial.

In the meantime, he strongly hinted the delay would give the parties time to "put their best foot forward" and reach a settlement over what he called a complex case that involves a lot of money invested by the companies.

"It is not a small matter, and it will not be treated as such," Dumm said, adding he didn't intend to simply pick up where former Franklin County Environmental Court Judge Stephanie Mingo left off. Rather than read transcripts of testimony over which Mingo presided, Dumm said he intended to rehear the entire case from scratch.

In the meantime, he said any decision on an injunction to declare the property a nuisance and shutter it would be on hold — despite Steve Dunbar, an assistant city attorney, telling Dumm the city would prefer the court hear the injunction issue as soon as Thursday.

Mingo disqualified herself from the case in early December over a phone call she disclosed from Ginther in which she says he told her to "do the right thing" and rule in the city's favor.

Not brought up at all Wednesday was Ginther's ex parte communication with Mingo, which allegedly happened in October, before hearings began and which attorney Joseph Miller, representing Barons, previously called improper and a demonstration of the city's "unclean hands" in trying to get the mayor's desired outcome ahead of his reelection in November. Mingo might even need to be called as a witness, according to a court filing.

It's unclear what bearing on the case the communication might have. Mingo reported Ginther called her in October to say something to the effect of: "We really need you to do the right thing for the community and shut it down."

Within 24 hours, Mingo called a meeting with the attorneys for both sides to inform them of Ginther's call but refused to identify which city official contacted her. Two weeks after the election, at the bus companies' insistence, she revealed it to have been the mayor.

"Obviously, this case has taken some unusual turns," Miller said outside the courtroom after Wednesday's hearing, applauding Dumm's encouragement that the parties find a reasonable resolution that would avoid further litigation.

"We welcome the judge's involvement," Miller said. "He seems to recognize the obvious importance of this case to all sides, but more critically, the fundamental importance of inner-city bus travel here in Columbus, the 14th largest city in America."

Dunbar left the courtroom through a rear door not accessible to the public without taking any questions or making any statements.

The city has come under attack for seemingly pushing for the bus companies' departure from a major established terminal that operated for decades Downtown and then singing off on documents approving the move to the new station on North Wilson Road near I-70, the site of former gas station near a cluster of single-family houses. The city began trying to shutter the new station after Joe Motil, Ginther's opponent for mayor in November, began attacking Ginther over the new location, which he called unsuitable.

Neighbors have complained about crime — including a shooting — litter, traffic, illegal parking and other issues since the new station opened.

wbush@gannett.com

@RepoterBush

This article originally appeared on The Columbus Dispatch: Judge will not shutter Columbus Greyhound depot ahead of March trial