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Village, CWRU sued over use of farm
(by Sali McSherry - June 23, 2010)
Village, CWRU sued over use of farm
By SALI McSHERRY
When 75 people showed up in buses driving down a private narrow and winding road to attend a musical performance at Valleevue Farm, which abuts homeowners at Valley Ridge Farms, it was too much, residents told Hunting Valley earlier this month.
The five residents and their Valley Ridge Homeowners Association are suing the village, claiming zoning ordinances are not being enforced. They also are suing Case Western Reserve University, which owns the land, seeking enforcement of the terms of the Wade family deed.
The suit was filed in Cuyahoga County Court of Common Pleas by Valley Ridge Farms residents Helen Lazar, Peter Harding, James Comella, Henry Hawley, Ian Lavery and the homeowners association.
Dr. Lavery presented the homeowners' claims to Village Council earlier this month.
The 104-acre lower farm was gifted to the university by the Wade family in 1997, according to a document presented by the homeowners. The family indicated that the land was to be preserved in an open and undeveloped state subject to reasonable provisions for access. They said it could be used only for investigation, research and teaching in all fields related to natural sciences and ecology.
There's no provision in the village zoning ordinances that permits the operation of classroom facilities or theaters, residents said. They said they are concerned there will be frequent activities, and were told there might be one a week, from poetry readings to musical performances.
Access to the lower farm is through a private road owned by the residents of Valley Ridge Farms. Under the terms of an easement, the university is allowed to have access only for the permitted purposes in the Wade family deed, residents said. Now, people are driving up and down the narrow and steep road at high speeds, stopping at residents' houses asking them where the theater is located and leaving litter, according to residents' claims.
The architectural review board reviewed and approved the exterior design for the renovations. An old sheep barn was converted into a performance space and an old pig house farm nearby was converted into a ceramics studio. A concrete patio, parking spaces and sidewalks also have been installed.
Mayor John D. Wheeler said he does not believe any zoning ordinances have been violated. The school's description of the purposes of the facilities appear to conform to its mission of education, he said. Mr. Wheeler, who is chairman of the architectural review board, abstained from voting. He is a senior member of the Case Western Reserve University administration.
Village Law Director Stephen Byron said the Ohio Building Code is not included in Hunting Valley's codified ordinances and the village does not have jurisdiction over enforcing that code, but the state does. The village has a building code that governs the construction of residential dwellings, he said.
The Squire Valleevue Farm, also known as the upper farm, and University School are not adjacent to a residential area and have their own access roads.
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