More of the discussion was about whether the OHC offer was made in good faith than on its need to reclaim the property, which has been operated as a golf course since 1910. The OHC owns the property and leases it to the country club.
“The lower courts applied a definition of good faith as being the absence of bad faith, Fraley told the court. They further went on to discuss engaging in a conscious wrong-doing or a dishonest purpose. Both of the lower courts applied the wrong standard.
“Bad faith is not found in the statute. The lower court failed to support any of its ruling with cases that discuss good faith within the concept of a statutory definition.”
Moundbuilders Country Club eminent domain: Supreme Court heard case newarkadvocate.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from newarkadvocate.com Daily Mail and Mail on Sunday newspapers.
Ohio Supreme Court hears arguments Tuesday in Moundbuilders appeal
NEWARK The Ohio Supreme Court will hear an appeal Tuesday morning from Moundbuilders Country Club, which seeks to reverse lower court rulings allowing the Ohio History Connection to reclaim the Newark golf course property by eminent domain.
The hearing, conducted by videoconference, begins at 9 a.m., with each side allowed 15 minutes. The justices may ask questions of the attorneys at any time during their presentations. A decision is not expected for possibly six months, or longer.
The proceedings can be viewed on the Ohio Supreme Court s website, by clicking on the first item under announcements on the main page, or on The Ohio Channel s website, ohiochannel.org, under Supreme Court hearing on its main page.
A debate over public access to a set of ancient ceremonial and burial earthworks is before the Ohio Supreme Court in a case pitting the state historical society against a country club where the earthworks are located.