A lawsuit between the City of Cincinnati and Queensgate Terminals is likely to begin March 7, unless members of City Council agree to an eleventh-hour settlement plan.
In Council motions dated February 14 – and then February 22 – Councilmember Jeff Berding asked the City to take "all necessary steps" to sell the 31-acre Hilltop Basic Resources property in Lower Price Hill to Queensgate Terminals for fair market value, thereby settling a court judgement resulting from a prior lawsuit between the two parties.
In the lawsuit, owner Hilltop and lessee Queensgate Terminals sought to have eminent domain declared upon themselves, arguing that land appropriations taken by the City for the Waldvogel Viaduct Reconstruction Project cut off road access to the property.
A settlement in February 2007 required the City to purchase the property for $5 million, then to renegotiate a lease with Queensgate Terminals for its redevelopment as a $26 million barge-to-rail operation, which would ship bulk soybeans to a much larger Bluegrass Farms of Ohio, Inc. and Rail America multi-modal facility in .
A lease was never negotiated, and, in a story appearing in the February 25 Cincinnati Enquirer, Berding said that he didn't have enough Council backing to move forward with his latest proposal.
No votes have been taken on the motion, and no ordinances authorizing the sale have been drafted.
"City Council may not wish to sell this site," Berding said in a statement accompanying the motion. "However, it is prudent to settle the case before it proceeds to trial in early March."
Cutting losses
Hamilton County Court of Common Pleas Judge Ralph Winkler has already required the City to deposit $1.7 million in damages in advance of the trial. Queensgate Terminals owner David Martin is expected to seek up to $3.9 million more in lost profits and other damages.
"Given the state of the City budget, we are not in a financial position to pay further, and settlement now actually recoups taxpayer funds while avoiding uncapped legal risk," Berding said.
Residents of Lower Price Hill and surrounding stakeholders have protested Martin's plans, citing concerns about light, noise, pollution, and other effects that they deem detrimental to the resurgence of their neighborhoods.
Instead, they have supported residential or recreational use for the site.
"While I understand that a new riverfront park is the vision many aspire to, we cannot afford the park and the Court is not going to allow us to deny the land to this business without first paying a substantial sum for the land and damages," Berding said. "Council should protect the taxpayers and cut our losses."
Previous reading on BC:
Queensgate Terminals proposal left off of council agenda (10/13/09)
Lower Price Hill: City solicitor must recuse himself, City must assess Queensgate Terminals' impacts (6/22/09)
Martin says Queensgate Terminals will be 'something that Cincinnati people are proud of' (5/4/09)
River West Working Group latest to oppose Queensgate Terminals (4/16/09)
Professor calls newest Queensgate Terminals report 'flawed' (3/18/09)
Monday, February 28, 2011
City, Queensgate Terminals likely to go to trial – again
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10 comments:
As a resident of East Price Hill, with a priceless view of the river, I understand Councilperson Jeff Berding's insistence that SOMETHING be done w/ this parcel of land. But a 24/7 incredibly noisy, dirty operation that's too large for the available site is NOT the answer. Somehow, I feel if Hyde Park or Mt. Adams' ox was being gored, this issue would have died LONG AGO. Price Hill citizens have done everything possible to work with Council - which DID LISTEN.
I live in East Price Hill and I think the city is acting crazy. The Westside needs to embrace its industrial heritage.
Besides, right now, the view consists of huge piles of dirt. Queensgate Terminals would create a very nice, dedicated bike trail. The city has enough parks already.
A bike trail with views of what? a barge terminal that has already been determined to be unecessary? While I agree the city budget is strained, to sacrifice valuable real estate that can be developed at a higher and better use is rather short sided on Berding's part.
I live in East Price Hill and what we don't need is an other Queen City Barrel in Lower Price Hill. A noted professor in Transportation has noted the parel is too small to support the traffic (and taxes)Queensgate Termnals claims will be generated. The transfer of organic materials (and who knows what else) will attracted insects, rats, and coyotes into an area with a high population of children. The viaduct must to be re-routed to accommodate the new I-75 bridge or would Mr. Berding like to see the Westside and it's tax payers cutoff from expressway access as well?
There is another loading facility East of Queensgate Terminals that has publicly stated they have the facility and capacity to perform the same function. Sounds like Mr. Berding is representing a special interest and not the interests of the tax payers of the City of Cincinnati.
You are right about Berding looking after special interest. In fact he may be opening himself up to to some uncomfortable damage/litigation to his already damaged reputation.
As most know he works for Mike Brown and the Cincinnati Bengals. The attorney for the Bengals in much of their litigation is Stuart Dornette. He also has represented the Cincinnati Bengals in many aspects of their business operations and has been involved in all aspects of the development, financing, leasing and construction of the Paul Brown Football Stadium.
Berding is friends with Dornette. Guess who is the attorney for the soy bean farmer filing the lawsuit. Stuart Dornette. This could get very ugly for Berding.
What is wrong with you people. This would be a sin to put this facility next to a Cincinnati Public grade school and high school only a few hundred feet away. Oyler has been expanding over the last 10 years and currently has over 800 students. 26% are handicapped.
We will not allow this facilty to ever be put here and put poisonous toxins in the air that will destroy the health of our children. We will fight this to the end on behalf of the children of Oyler School.
If anyone is interested in really learning about this issue please go to westsidesummit.com for more information.
As a union member I have seen first hand how Jeff Berding is motivated. To the communities surrounding this project keep fighting. When he says it is about the taxpayers that is his code word for his special interests. We saw how he tried to get "managed services" ie Rumpke, his special interest, to replace our long time city workers. We saw how he tried to force the hand of council to not help fund improvements to the Womens Shelter near Lytle Park so he could take care of his friends at Western and Southern who wanted to buy the building for their own profit.
Do not trust him. He is only doing it for his own benefit and that of his friends. Remember this is a person that is QUITTING city council to continue working for MIKE BROWN.
When is the last time Mike Brown did anything to help the city even though the city and county have taken care of him. He is no Carl Lindner who has given much to this city. He takes care of himself. Berding has been tutored under Mike and has learned well. Beware.
Okay, I get it, you don't want the barge terminal but please stop saying that it threatens the children. Nobody believes you. Especially when you've got bridges, a river, and creek, hos, drugs, railroad tracks, crime and busy streets all around. Good grief.
To say that the barge terminal will hurt the children is silly.
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