A state appeals court on Friday revived Hamilton County's effort to put a juvenile detention center in Bond Hill over the objections of residents and City Council.

A three-judge panel of the 1st District Court of Appeals said Common Pleas Judge Robert Kraft was wrong in May to throw out a lawsuit by Hamilton County to force Cincinnati to change the zoning to permit the detention center.

The squabble revolves around the former Millcreek Psychiatric Hospital for Children, and the county's desire to turn that facility into a 60-bed juvenile jail.

Hamilton County bought the 25-acre lot and building at Paddock Road and East 66th Street for $1.5 million in 1997.

After the purchase, the city refused to change its zoning code in the neighborhood to allow the jail to open, and even tightened its zoning regulations to keep the juvenile jail out.

Councilman Paul Booth, a former Bond Hill resident, said he will ask council next week to appeal to the Ohio Supreme Court.

Residents in Bond Hill are united against the facility.

Sam Nellom, vice president of the Bond Hill Community Council, said the county is trying to force the juvenile jail down his neighborhood's throat.

"Bond Hill has had its share of negative-impact facilities," Mr. Nellom said. "We feel we've been overburdened with all the things other folks in the community don't want."

The appellate court said Friday that the dispute must be resolved in the Common Pleas Court, and that the court must consider the greater public good in deciding the issue.

"When the interests of governmental entities conflict in zoning matters, a court must weigh the general public purposes to be served by the exercise of each power, and resolve the impasse in favor of the power that will serve the needs of the greater number of people," the court ruled.

Hamilton County Commissioner Bob Bedinghaus said the "greater good" would be served with the facility opening. Commissioners think the site is ideal because it is campus-like, is close to public transportation and would house young people from the area.

Currently, youths adjudicated of misdemeanor crimes are sent to facilities in Columbus, Cleveland, Portsmouth, Toledo or other parts of the state.

Mr. Bedinghaus said he hopes the appellate court's ruling will allow the county and city to reopen negotiations on the issue.

"Knowing there is a different makeup of council now, I'd like to see if we can find some common ground," Mr. Bedinghaus said.

Dwight Tillery, a former member of City Council and a 26-year resident of Bond Hill, said the lawsuit could have a far-reaching impact on the city.

"This is an invasive ruling," Mr. Tillery said. "It troubles me that the city could lose its ability to decide what is important in zoning issues.

"I'm quite sure this won't be the last conflict the city has with the county."

Copyright: Copyright 1999 The Cincinnati Enquirer