October 28, 2000
Judge denies 'Berg alumni's motion
By Erik Burriss
Staff Writer
A judge denied a motion that would have put a two-week halt on work on Heidelberg College's new Williard Hall and scheduled a full-fledged trial on whether or not a new building would be constructed or the old one would be renovated.
Attorneys for the Concerned Citizens of Heidelberg College Alumni -- a lawyer from Toledo and a businessman from Madison, Ind. -- and the college argued back and forth for about 25 minutes before Common Pleas Court Judge Michael Kelbley issued his ruling.
The college should take the time to ensure that everything of historical significance is salvaged from the building before demolishing it, attorney Steven Hales said, asking the judge for 14 days to make sure all the avenues for preservation were exhausted.
Additionally, the alumni were seeking time to inventory the fire-damaged structure through photographs and detailed measurements, George Freeman said.
"The college is taking the review process seriously," Derek DeVine, representing Heidelberg, countered
Also, as a private institution, it has the right to tear its own building down, he said.
"The plaintiffs are without any kind of authority to ask for relief," DeVine said. "There is no statutory or case-law requirement for relief."
While Kelbley was sympathetic with the alumni, he had to rule in favor of the college, he said.
"There is no preservation issue," since, although Williard Hall is on the National Register of Historic Places, no federal money is being used for the project, he said. "There is no basis in law for the plaintiffs to succeed."