Massillon v. Massillon: City takes Municipal Judge Edward Elum to court over building feud

Steven M. Grazier, The Independent
·3 min read
Roseman Construction employees work on the Court Services Building in downtown Massillon. The city is remodeling the facility, also known as the Getz Building. New handicap-accessible restrooms are part of the $250,000 upgrade.
Roseman Construction employees work on the Court Services Building in downtown Massillon. The city is remodeling the facility, also known as the Getz Building. New handicap-accessible restrooms are part of the $250,000 upgrade.

MASSILLON – Long-planned upgrades to the Court Services Building have started in the wake of an ongoing legal skirmish between city leaders and Massillon Municipal Court Judge Edward Elum.

The Ohio Supreme Court announced earlier this month that it had denied a request from Elum that could have stalled the improvement project.

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Elum was upset with a 5-4 decision by City Council in August that paved the way for $250,000 in upgrades to the building, which also is known as the Getz Building, at 54 City Hall St. SE. The work is focused on adding handicap-accessible restrooms to benefit Duncan Plaza.

In early November, the judge enforced an order to keep people out of the facility, claiming he had oversight over a place he'd taken under his wing years earlier.

Massillon Municipal Judge Edward Elum talks last year about the multiple uses of the city's Court Services Building, also known as the "Getz Building." The judge and city of Massillon are locked in a legal tussle in state court on who has control the building.
Massillon Municipal Judge Edward Elum talks last year about the multiple uses of the city's Court Services Building, also known as the "Getz Building." The judge and city of Massillon are locked in a legal tussle in state court on who has control the building.

City officials, including Mayor Kathy Catazaro-Perry and Safety-Service Director Barb Sylvester, filed a lawsuit Nov. 29 in the Fifth District Court of Appeals, arguing the judge had no right to push people away from the building.

In January, the Fifth District judges ruled in favor of the city, agreeing Elum's order was unlawful.

"You can't order citizens out of a city-owned, public building," said Massillon Law Director Justin Richard, one of the attorneys arguing the city's position against Elum.

The state court's more recent denial of Elum's stay has allowed construction to go forward, at least until a final ruling on his appeal.

Elum, however, believes the Getz Building should be a court-controlled facility.

The Getz Building is located at 54 City Hall St. SE, which is adjacent to the Massillon Government & Justice Center in downtown.
The Getz Building is located at 54 City Hall St. SE, which is adjacent to the Massillon Government & Justice Center in downtown.

"This is a legal argument," Elum said. "Let the Supreme Court (of Ohio) make the final decision on what are court facilities and what are not."

He said oral arguments are slated later this year and could come as soon as the fall.

"Only the stay was denied by the court (not the full appeal)," Elum said. "The work (on the building) is proceeding, and that's fine."

Catazaro-Perry and Sylvester declined to comment on the legality matter, but Sylvester said work on the Getz Building is proceeding nicely.

Safety-Service Director Barb Sylvester
Safety-Service Director Barb Sylvester

New restrooms inside the building should be done by late June, Sylvester said, adding that the timing will line up with the city's first Summer Concert Series show on Duncan Plaza.

"We're on schedule with the main plumbing in place and starting on the new flooring," she said. "When it's finished, this (upgrade) will be a true asset our community is deserving of."

Justin Richard
Justin Richard

About the 'Getz Building' in downtown Massillon

The Getz Building is adjacent to the plaza and Massillon Government & Justice Center. It's formerly the city's police dispatching center.

Richard noted Elum had been an unofficial caretaker of the building for at least the past dozen years and brought it up to par.

"He took an empty facility with a leaky roof and made it into something," Richard said. "That's been his argument (in the case)."

The Getz Building acts as a backup Massillon courtroom, Elum said. It hosts a number of programs for local parolees that he oversees, including an inmate work release effort.

Reach Steven at steven.grazier@indeonline.com. On Twitter: @sgrazierINDE

This article originally appeared on The Independent: Massillon and Judge Edward Elum are fighting over control of Getz building