Politics & Government

Final Ruling in Kent Wells Sherman House Court Case Issued

Historic house could be on foundation on North Water Street next month

The court battle to try and stop the relocation of a historic Kent house to a lot on North Water Street has ended in favor of the group working to preserve the house.

Portage County magistrate Kent Graham issued a ruling supporting the Kent Wells Sherman House, Inc, and the Kent planning commission and architectural review board against claims made by the citizen group Save the Standing Rock Garden trying to stop the house from being moved to 247 N. Water St.

Several plaintiffs, who filed an initial claim in October, carrying the Save the Standing Rock Garden banner asked the court for a permanent injunction to prevent the house from being moved to the lot, which had been maintained and used by supporters of Standing Rock Cultural Arts for two decades for play rehearsals, gardening and arts activities.

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In asking for the injunction, the plaintiffs argued moving the house to the lot would disturb the flora and fauna, stop the arts group from using the space and obscure the view of Edwin George’s mural on the neighboring Scribbles Coffee building.

In his ruling, the magistrate wrote those arguments did not provide enough evidence to prevent Kent Wells Sherman House Inc. from moving the house to the lot, which the group owns, and dismissed the claims.

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“The flora on the lot is not unusual, uncommon, rare or endangered,” Graham wrote. “The mural is easily viewed from the sidewalk.”

Members of Save the Standing Rock Garden also argued the house should not be moved to the lot because the planning commission inappropriately approved a second site plan for the project. The garden supporters also claimed the architectural review board violated the state’s open meeting laws and that two of the review board’s members had conflicts of interest when the board considered the proposed relocation.

Graham determined that both public bodies adhered to state and local laws in considering the issue and ruled that Save the Standing Rock Garden did not provide sufficient evidence to stop the move of the house to the lot.

Roger Thurman, vice president of the Kent Wells Sherman House board of directors, said Portage County Common Pleas Judge John Enlow affirmed the magistrate’s decision Thursday and terminated an administrative appeal requested on behalf of the garden supporters.

Thurman said they view the magistrate’s ruling as the final action in the court case unless the garden supporters take the case to an appellate court for appeal.

“It’s the end of the legal action at the local level,” he said.

Thurman said the final order in the court case will allow a local bank to provide financing for the relocation and restoration of the house. He added the non-profit group had also secured private financing in light of the delay in available bank financing while the court case ensued.

Thurman declined to disclose the total cost to relocate the house and make it habitable for both a private, commercial tenant and public occupancy.

Foundation work on the lot is already under way.

“We’re going to work on the upstairs first,” Thurman said. “We have a tenant waiting to get in there … so that’s going to be our first goal.”

Thurman said the exterior renovation of the house may be delayed until after the winter months.

The upstairs of the house will be renovated for a local attorney who will rent the space. The first floor will be available to the public — though there may be fees to use the space. The group also may potentially create tenant space in the basement and create a performance space off the rear of the house.

“We’re just mainly concentrating on getting the building up and running as soon as we can,” Thurman said.


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