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Judge rules city has right to reject juvenile jail plan
Cincinnati Enquirer
May 14, 1999
by Dan Klepal

A three-year battle between Hamilton County and Cincinnati ended Thursday with Judge Thomas Crush ruling that the city has the right to stop a juvenile jail from opening in Bond Hill.

Hamilton County sued because the city changed the zoning in the area to stop the former Millcreek Psychiatric Hospital for Children from being turned into a 60-bed, juvenile jail.

The city suggested several other sites for the facility, all of which were rejected by county officials. Negotiations eventually spilled into a courtroom, with the judge deciding in favor of the city's "home rule" powers.

Hamilton County commissioners will meet Monday to decide what their next step is.

"We can either go to the court of appeals or file a motion nicely suggesting to the judge that he erred," Commissioner John Dowlin said.

"The court of appeals could take three, four or five years, which is unacceptable to me."

The state transferred ownership of the property to Hamilton County for $1.5 million. Now the state is willing to pay for refurbishing the facility and maintenance costs.

City officials argued that the jail shouldn't be located next to a high-tech industrial park. Former Councilman Dwight Tillery, a Bond Hill resident, was one of the most vocal opponents, saying the county dumps too many unwanted projects on the city.

Councilman Tyrone Yates hailed the decision as a victory for the city's sovereignty in zoning issues.

"At this particular time, a facility of this kind would be inconsistent with the psychological and the real needs of residents in Bond Hill," Mr. Yates said.

"Prison jobs are not what that neighborhood needs," he said.

Mr. Dowlin said the need for a juvenile jail is real, and the site would be ideal because it rests on a campus setting, is close to public transportation and young people sentenced there would be from the area.

"One could say just send (the juveniles) upstate somewhere," Mr. Dowlin said. "But upstate is far away and overcrowded. It would be good for the community, the offenders and their families."

Hamilton County Common Pleas Judge Robert Kraft on Thursday dismissed a lawsuit filed by Hamilton County against the city of Cincinnati over the proposed location of a juvenile detention center. A story in Friday's Metro section was incorrect.

Copyright: Copyright 1999 The Cincinnati Enquirer

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