ThisWeek UA 3/16/2011
Now that the news is public that the Bob Evans Farms headquarters is moving to New Albany, Upper Arlington city officials have announced they were aggressively courting the company to purchase the former AOL/Time Warner building at 5000 Arlington Centre Blvd.
Tree of Life Christian Schools purchased the property in August, ending negotiations between the city and Bob Evans Farms.
“Once Tree of Life moved ahead on the property, we weren’t able to continue talks with Bob Evans or any other potential commercial users,” said Emma Speight, deputy city manager for community affairs. “We have limited commercial space to offer, so this was a disappointment. Our zoning is meant to preserve the integrity of the community – which includes the financial integrity.”
According to Speight, 90 percent of the city is zoned residential, which is appropriate zoning for a school. The city advised Tree of Life to utilize the rezoning process prior to the purchase of the property.
After several failed attempts to rezone the property, a federal discrimination case based on the Religious Land Use and Institutionalized Persons Act was filed in January by attorneys from the Alliance Defense Fund, an alliance of Christian attorneys focused on protection of religious rights, representing Tree of Life.
According to Tree of Life Superintendent Todd Marrah, the building is currently being used for school offices, a ministry center, retreats and special events, while the gymnasium is being used for the Upward Sports basketball program.
Tree of Life is leasing the building’s data center to Expedient Communications, but has no plans to lease any other parts of the property.
“Currently we’re using the building consistent with how it is zoned,” Marrah said. “We are preparing to move our elementary school in, as soon as we win the injunction.”
Attorneys from the Alliance Defense Fund filed a motion for a preliminary injunction with the U.S. District Court for the Southern District of Ohio, Eastern Division, according to ADF spokesperson Michelle Fortin. If the injunction is granted, it would allow Tree of Life to occupy the building as a school and hold classes, prior to the judge’s ruling on the lawsuit Tree of Life Christian Schools v. City of Upper Arlington.
“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest,” according to U.S. Supreme Court ruling on Winter v. Natural Res. Def. establishing the current standards for granting an injunction.
Speight said that this is a zoning issue and not a discrimination issue; that the city would treat any school in this scenario the same, requiring them to follow the rezoning process.
“I am disappointed that they are pursuing this injunction,” Assistant City Manager Joe Valentino said. “I would hope they would consider dropping the case and instead allow the voters to decide.”
The city rezoning process allows for public input during BZAP and City Council hearings; after which, if the desired zoning change is not approved, one option is to put a referendum on the ballot before voters.
However, Tree of Life officials said they did not feel this was an appropriate route to take.
“I’ve spoken with several city leaders around Columbus and asked them what they would do in my position,” Marrah said. “The fact is we have the constitutional right to use the space how we want. [The Columbus area leaders] agree that the city of Upper Arlington is wrong on this issue and said there is no reason to spend all sorts of money trying to convince voters of something we already have the right to do.”