Tree of Life Christian Schools appealed the decision of city council that denied a conditional
use permit to open a school in the former CompuServe facility on Henderson Road.
City planning officer Chad Gibson, whose job is to interpret city code in the first instance as
it relates to land use applications, said in a statement issued by the city that the appeal was
filed May 25 in the Environmental Division of the Franklin County Municipal Court, the body charged
with reviewing local zoning and property matters.
Gibson noted that the Franklin County Court of Common Pleas could also hear the dispute.
Glenn Dugger, attorney for Tree of Life, said the environmental division has focused expertise
on property matters, while the court of common pleas is the main general jurisdictional court in
Ohio that has wide authority to hear most kinds of disputes.
"Both the environmental court and the court of common pleas have jurisdiction on zoning
administrative appeals," Dugger said. "The environmental court was set up to deal with zoning
issues, building code issues, code compliance issues. The court of common pleas is the original
jurisdictional court of every county in the state of Ohio. They hear everything from murder trials
to big civil litigation."
City officials and school operators have been engaged in a complex legal back-and-forth over
whether the school should be allowed to operate at the property.
During a hearing April 26 that included testimony from city staff and members of the public,
arguments were made that the property is among the city's most attractive commercial opportunities
for high income businesses, and that the potential loss of property taxes for exempt uses such as
schools could result in lost revenue for the Upper Arlington School District and other local
governments, including the city.
The hearing itself, however, was technically limited to a procedural question of whether school
use was included within the various incidental commercial and other activities that are included
within the meaning of "residential" use under the city code.
In addition to the appeal filed May 25, Tree of Life is pursuing a separate administrative
appeal before the UA Board of Zoning and Planning that will be heard June 7. The two different
appeals are from two separate denials by the city of applications by Tree of Life.
Dugger said the first denial, involving the determination of "residential use," was made in
January, while the second denial, involving whether Tree of Life is a church or place of worship,
was made in March.
Dugger said the issue to be heard during the administrative hearing June 7 is whether Tree of
Life is a church or place of worship. Dugger said the city ruled that it is not, but Tree of Life
disagrees, saying it is routine for churches and schools to operate together.
"It's extraordinarily common for churches and places of worship to have schools associated with
the church," Dugger said. "St. Andrew and St. Agatha are good examples."
