Trial to determine value of Moundbuilders Country Club lease of Newark Earthworks delayed
NEWARK − The Newark Earthworks last month earned certainty as its place in world history, but the legal proceedings over the future of the golf course on it will last a bit longer.
The 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 was delayed.
The trial was scheduled to begin Tuesday in Licking County Common Pleas Judge David Branstool's courtroom.
The Ohio Supreme Court ruled in December 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.
Moundbuilders Country Club attorneys filed an appeal Friday to the 5th District Court of Appeals, challenging Branstool's pretrial rulings on who can provide testimony at the trial.
Branstool ruled Monday the Licking County Common Pleas Court no longer has jurisdiction to hear the trial because of the appeal to the 5th District.
"We continue to have a great deal of respect and appreciation for the legal process and our court system as we work to resolve the legalities for our Octagon Earthworks property, Ohio History Connection executive director and CEO Megan Wood said in a Monday statement. "We remain committed to our part in these proceedings and are eager for a resolution.”
On Oct. 6, Branstool ruled in favor of four Ohio History Connection motions and against another. Three of the motions he granted were to exclude certain testimony or reports. The judge also ruled against three Moundbuilders’ motions to exclude expert testimony.
In its motion seeking to delay the start of the trial, Moundbuilders attorney Joe Fraley argued, “This court’s decision deprives defendant from presenting any evidence as it relates to the fair market value of the subject’s property.
“The only expert testimony that would be presented would be from plaintiff without any ability to submit evidence as to what defendant believes is the fair market value.”
Branstool states that each party identified several expert witnesses to offer opinions on the value of the country club's lease, but their approaches differ in critical ways.
One difference is whether the experts attributed any value to the "intrinsic, historical treasure of the mounds to the country club's lease." The other difference is which methods of evaluation should be used.
The judge said in eminent domain cases, the property owner is entitled to just compensation, or fair market value, to the property being appropriated, which is the remaining term of the lease.
"It is the lease that is being appropriated, not the mounds themselves," Branstool stated. "The country club did not purchase the site. It has never owned the mounds.
"The fundamental problem with the country club's argument is that both of their experts improperly assign considerable value on an aspect of the site -- the significance of the mounds -- that cannot be attributed to the value of the lease. Neither the country club's existence, not its location, are dependent on these mounds."
Moundbuilders argued the judge's rulings prevent them from proceeding with its case.
"Until a final decision is made by the appellate court, the trial would not be appropriate," Fraley stated.
The judge said 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.
The Ohio History Connection argues 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.
The judge stated that Raccoon International Golf Course sold in April 2022 for $1.9 million.
"Using the country club's high estimate, as an example, the country club would be awarded $22 million in order to build a new golf course," Branstool said. "And, it would own it, not rent it.
"This would amount to a windfall that the country club is simply not entitled to. A windfall is not what the just compensation clause requires or allows."
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This article originally appeared on Newark Advocate: Trial to determine value of Moundbuilders Country Club lease delayed
