QUEENSGATE, OH (FOX19) - The future of the City Gospel Mission is on hold after a Motion To Stay was filed by attorney Peter Koenig representing the Queensgate businesses against the mission moving to the area.
The motion states: "The purpose of the stay is simply to preserve the status quo during the appeal."
"We're going to petition the court to just stop all of the review process until the matter is resolved with finality by the Court of Appeals," says Koenig.
The stay in is response to the city's Zoning Plan Examiner delaying the building permit for City Gospel MIssion at 1805 Dalton Avenue for a number of reasons including:
-The property is located in a Manufacturing General District (MG) which is regulated by Chapter 1413 of the Cincinnati Zoning Code (CZC).
-Schedule 1413-05 (CZC) Does not permit a Special Assistance Shelter as defined in 1401-01-S11 (CZC) in the Manufacturing General Zoning District. A use variance or Zoning Change will be required.
If the motion is granted the city could not issue any permits or if a permit is granted it would stop all work at the site.
Koenig says he thinks this delay from the city could strengthen his clients' appeals case because the city examiner was following the rule of law.
"He's looking at the zoning code and the zoning code says clearly and expressly that special assistance facilities are prohibited in manufacturing districts," says Koenig.
On the same day Koenig filed his motion CIty Gospel Mission also selected its contractor, TriVersity Construction, a sign it is moving forward with development despite the delays and pending appeals case.
"At the this point the matter, the zoning question should be over and the zoning plan examiner we hope will be rectifying that situation very quickly," says Tim Burke, attorney for City Gospel Mission.
Burke explains the examiner was missing an important piece of the puzzle, a notwithstanding ordinance passed by city council, the city planning commission and when challenged in court it was upheld by Judge Pat DeWine.
"Their effort is to try and block us from going forward with the project. We don't believe, we're optimistic and hopeful certainly that a court will not grant the stays," says Burke.
The appeals case to determine the constitutionality of a notwithstanding ordinance is expected to start in the fall. Both attorneys have until the end of July to submit their briefs.