Judge halts construction of Marion Seltzer at Cudell
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Cudell resident Jamie Brazier reads a statement on behalf of Dennis Kucinich at a rally Wednesday. Photo: Sam Allard/Axios
Residents of the Cudell neighborhood filed a lawsuit this week seeking a temporary restraining order and injunction against the Cleveland Metropolitan School District (CMSD) to prevent the construction of a new Marion C. Seltzer elementary school on the northern side of Cudell Commons Park.
Driving the news: Judge Nancy Margaret Russo granted the order, but required the plaintiffs to post a $25,000 bond by 4pm Thursday in response to a CMSD affidavit detailing costs associated with construction delays.
- The bond was posted shortly after noon, the plaintiffs' attorney confirmed to Axios.
Why it matters: The lawsuit is the latest escalation in the dispute over the Cudell property, which architect Frank Cudell bequeathed to the city of Cleveland in 1906 to be preserved as a park.
- Residents say a site plan in March 2022 showed that greenspace and more than 30 mature trees on the park's north side would be preserved. Under a new site plan, the trees will be removed.
- CMSD contends that residents had ample opportunity to weigh in on the final design and that modifications at this late stage could cost the school district upwards of $1 million.
Details: The plaintiffs, who call themselves the Friends of Cudell Commons Park, said in a prepared statement Wednesday that they want CMSD to return to the drawing board with them in pursuit of a "win-win-win" outcome.
- "First of all, a win for the students, parents and teachers of Marion Seltzer, to have a new, safe school building."
- "Secondly, a win for the Cudell neighborhood, to save their beloved Cudell Commons Park."
- "And thirdly, a win for Cleveland's public health, because legacy trees improve air quality in Cleveland, which is the nation's number-two asthma capital."
The intrigue: Former Cleveland mayor, congressman and presidential candidate Dennis Kucinich, who is now managing the presidential campaign of Robert F. Kennedy Jr., is one of the 12 plaintiffs.
- He lives off of West 117th Street in Ward 11. The Friends of Cudell Commons Park said he came to their aid when no other local elected officials would.
The big picture: In a statement read by one of the plaintiffs at a press conference Wednesday, Kucinich stressed the environmental and political backdrop of the dispute.
- "Planting trees helps slow climate change; cutting them down accelerates it," he said. "If the city of Cleveland had the same affection for the people of West 98th Street that it has for developers, this would not be an issue."
What's next: The temporary restraining order is in effect until Oct. 30. Russo has set an "expedited discovery schedule" that wraps up Oct. 24, with a conference between parties scheduled for Oct. 25.