CINCINNATI — The Hyde Park Square redevelopment project has hit a roadblock after a judge granted an injunction on a part of the proposal.
In a ruling filed Tuesday, Judge Patrick Dinkelacker determined that the owner of a property that is not involved in the Hyde Park Square plan has a prescriptive easement on part of the property that is included in the re-development.
The argument put forward by plaintiff Lee Robinson is that the property now owned by HPSRD LLC contains a paved area that is the only way to enter and exit onto Robinson's property with a vehicle.
Maps from the auditor's office and on Google show the property at the center of the injunction is a small paved roadway off of Edwards Road that leads to a parking lot encircled by businesses.
According to the decision filed by Dinkelacker, Robinson proved under the law that use of the property at 3436 Edwards Road has been continuous and open by those accessing Robinson's property at 2717 Erie Avenue for at least 21 years, a requirement for the Edwards Road property to be considered an easement for the Erie Avenue property.
"The court finds that a prescriptive easement over the defendant's property does exist and provides to plaintiff all the equitable relief plaintiff is entitled regarding this finding," reads Dinkelacker's decision. "This includes the plaintiff's ability to drive over defendant's described properties for access, ingress and egress to plaintiff's property."
The development sought to construct a mixed-use development on the properties highlighted in red above. Currently, the property is a mix of residential and commercial buildings, with a surface parking lot running up the middle. The redevelopment project proposes instead a mixed-use development with a hotel, apartments, commercial spaces and an underground parking garage.
The property that has now been deemed an easement for Robinson's property would have become vehicle access to the underground parking garage with retail and restaurant space allocated next door in a three-story building with housing planned on the top floors.
Despite this, HPSRD LLC said the injunction won't delay progress on the project.
"While we cannot comment in detail on pending litigation, we are disappointed that a lawsuit has been filed over what we believe is a resolvable issue," reads a statement from the developer. "We remain confident that this matter will not delay progress for the people of Hyde Park or the City of Cincinnati as a whole. Our team continues to work in good faith with all stakeholders to deliver a thoughtful and lasting improvement to this iconic part of the city."
The developer told WCPO 9 because there haven't been any formally approved layout plans, there is still flexibility to plan around this easement.
HPSRD LLC said it has recently retained MSA Design, The Drawing Department and Bayer Becker as contractors to "ensure the project enhances the character and vibrancy of the neighborhood."
Cincinnati City Council voted in favor of a zone change at Hyde Park Square on April 23, the first step forward for the development's path forward.
The vote was to rezone the area of the planned development site, which sits between Edwards Road and Michigan Avenue, approximately 0.2 miles away from the nearby Hyde Park School. Cincinnati's Planning Commission also passed the rezoning in March.
The Hyde Park Neighborhood Council and residents fought against the plan, which would include the construction of an 80-foot building in an area where regulations have traditionally restricted buildings to a height of 50 feet.
After city council passed the project's zoning change, residents who oppose the re-development took to the streets to obtain signatures to put approval for the project on the November ballot.
Watch Hyde Park residents explain their signature efforts in the video below:
Hyde Park residents who opposed the development also received support from other community and neighborhood councils around Cincinnati. More than 14 other councils, including both the East and West Price Hill neighborhood councils, supported Hyde Park's efforts.
"When planned developments are pushed through with such great neighborhood opposition," said Amber Kassem, a Price Hill resident. "It really gives the impression that there's corruption and that the developers have privileges that the residents who live there and live amongst these developments don't have."
The Hamilton County Board of Elections announced earlier in June that it had certified 13,434 signatures of the 18,415 collected. The group of residents needed to collect 9,251 signatures, which is 10% of the electors who voted in the November 2022 Gubernatorial Election.
It's unclear how the injunction will impact the plan or change the design for Hyde Park Square's redevelopment moving forward.
