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February 1, 2008
SUBJECT: WE MOVE FORWARD (AGAIN)
It's been awhile since we've provided an update on our neighborhood situation regarding Hyde Park Community United Methodist Church (HPCUMC). This has been because we have, since September, been in formal mediation with HPCUMC in an attempt to satisfactorily resolve our neighborhood dispute in a way that provided adequate protection to our neighborhood, as promised by HPCUMC in their 2001 letter.
As a bit of background, we agreed with HPCUMC last September to formally initiate a mediation process. We jointly engaged a highly respected mediator with substantial experience in issues like ours. HPCUMC designated one of their members, along with their legal counsel, to be members of their mediation team; Keith Harrison and Tim Burke represented PHP. The mediation team met on three separate occasions during the course of the Fall, with each session lasting 2-4 hours. In addition, the outside mediator met with a small group of neighbors on two different occasions to understand neighborhood concerns and to explore different possible scenarios.
Unfortunately, we've concluded that the mediation process will not lead to an agreement that provides the proper safeguards for our neighborhood regarding our key issues of intensity and density of use and provides an insufficient time for neighborhood tranquility before any new consideration of a "big box" multi-purpose center. As is standard in all mediation undertakings, specific proposals, points of discussion, and agreements are confidential. However, it's fair to say that we felt that what we were able to obtain in return for dropping our lawsuit and suspending our neighborhood campaign was woefully short of what we needed. This conclusion was reached by our neighborhood sub team that had previously met with the mediator and supported by a larger group of PHP members in early January. Of course, we remain willing to listen to any specific proposals that address our long-standing concerns.
While the confidentiality of the mediation process makes it impossible to tell you what happened during the mediation, two recent actions by HPCUMC outside the mediation highlight the mind-set we face. The first was a three-day yoga event by a for-profit organization held at the end of November. This was not a Church-related matter and resulted in three consecutive days of parking and congestion around the Erie Avenue site. We did not expect events of this density and intensity in the midst of our mediation…or afterward.
The second event occurred on December 9, when HPCUMC's lead pastor saw fit in his sermon from the pulpit to mischaracterize what PHP said in the June zoning hearing by misrepresenting PHP legal arguments in a manner calculated to make it appear that PHP is somehow opposed to worship by children in the sanctuary and that PHP opposes the Amos Project. These hardly seem to be actions consistent with diligent attempts to reach agreement with neighbors.
What does all this mean for us?
First, while the mediation was going on our appeal of last Spring's Zoning Board of Appeals' ruling was on hold. That appeal will now resume, HPCUMC will file its brief, and we will file our reply. Oral argument will take place in front of the Magistrate in early Spring. We have always felt that we have a very strong case here, both on the merits of our case and, separately, on the conduct of the hearing itself (those of you in attendance will recall that we were not allowed to present the bulk of our evidence in this hearing).
Second, we will reactivate and reenergize the incredibly strong and united neighborhood support in our cause that we've demonstrated over the past three (!) years that this issue has run. This will include reestablishment of regular updates and, importantly, a new sign campaign. One thing that has become extremely clear over the past several months is the importance of our signs in communicating, both to the community at large and to members of HPCUMC, the level and intensity of our commitment to preserve our neighborhood.
Finally, and very importantly, we will be kicking off a new fund-raising campaign to cover expenses going forward. The vast majority of our legal costs on this appeal have already been incurred. By any objective measure, our campaign to date has been an exceptional event and a resounding success, one that has helped protect our neighborhood so far. However, this campaign, due to its length and complexity, has been more expensive than we originally projected. We need to raise additional funds to finish our work here.
To summarize, we will be initiating several specific steps. These include:
1. We will advise the Court at a conference next week to resume the appeal.
2. We will be launching a new sign campaign. For those of you who still have signs up (a feat our political supporters can only admire), we will replace these signs with new ones. For those whose signs have understandably disappeared, please contact us for new ones, and we will arrange for delivery.
3. We will reinstigate our neighborhood communication program. This will include more frequent updates of our website (www.preservehydepark.com), routine e-mails like this one, and door-to-door communication.
4. We will establish a fund-raising campaign for our legal expenses and costs. This is critical for us if we are to field the case that will maximize our opportunity to preserve our neighborhood. As you would expect, those of us living closest to "ground zero" will bear the disproportionate burden here, as we should. In our last fund-raising campaign the financial response from the neighborhood was simply outstanding. For those who contributed last time, a subsequent contribution of at least 50% of your last donation would be greatly appreciated. Of course, any support is welcome, and this would include individuals who did not get a chance to contribute in our initial round. However, to be clear, we must have the financial resources to field the very best case in this important neighborhood dispute, one which has already paid huge dividends. Checks should be mailed to:
Preserve Hyde Park
P.O. Box 8038
Cincinnati, Ohio 45208
I'm sorry for the length of this note. There's a lot that has transpired over the last five months, and we have very important, even critical, work to do in the near term to try to put this issue behind us. Your support over the three years that this unfortunate situation has consumed has been outstanding. It's amazing how many people still ask what's going on in the neighborhood and express support for our point of view. We've touched a nerve in the community, and this is something we need to maintain.
Keith Harrison
Separately, if you're not on our e-mail list but would like to be, please contact us and we will add you to the support base for future communications.
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