Saturday, March 02, 2002

Appeals court forestalls demolition

Homeowner claims no notification

By Lew Moores
The Cincinnati Enquirer

        ANDERSON TOWNSHIP — Steve Dapper, whose house addition was scheduled to be torn down beginning Monday, has been granted a stay on the demolition by the Ohio First District Court of Appeals.

        The stay prolongs a years-long standoff.

        Mr. Dapper, who lives on Mount Carmel Road, had filed a motion asking for the stay on Thursday, arguing he had not been properly notified of a contempt hearing that was held in Hamilton County municipal court on Jan. 8 this year.

        It was at that hearing, which Mr. Dapper did not attend, that Municipal Judge Melba Marsh found Mr. Dapper in contempt, for failing to live up to a June 2001 agreement to finally get a building permit for the addition he began in the early 1990s.

        But Mr. Dapper said he and his wife were never notified of the contempt hearing.

        “We will not be out there on Monday,” said Steve Sievers, acting director of the township's department of development services.

        A spokesman for the Hamilton County prosecutor's office said Mr. Dapper has until May 14 to file a brief with the court of appeals, and the prosecutor's office has until June 14 to submit a brief. The court would then schedule arguments.


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