CINCINNATI — A controversial housing project in Over-the-Rhine is being challenged in court. On Monday, a judge denied a temporary restraining order that would have paused the project while the lawsuit continues.
The project, Gloria’s Place, is also known as Dunlap PSH. Located at 2000 Dunlap St, which is currently a surface parking lot, the project would include 44 housing units for individuals experiencing homelessness. The site would also have space for support services like medical care and case management.
“These folks need a safe place to stay and so that's what we're trying to provide here,” said Ben Eilerman, senior housing developer at Over-the-Rhine Community Housing, which is developing the site. “They are oftentimes suffering from mental health issues or substance abuse disorder. Once they have that safe, stable housing, they're really able to deal with a lot of those issues.”
Zoning rules limit the site to 14 units, not 44. Last week, Cincinnati City Council voted to move the project forward anyway, notwithstanding the zoning limit.
“We can jam a bunch of people into 14, five-bedroom apartments or we can give these most vulnerable members of this community the dignity and respect to have their own space,” said council member Liz Keating in a committee meeting ahead of the vote.
Cincinnati taxpayer and civilian activist Mark Miller has now challenged that move in court.
“We believe that under the city charter, the city council does not have that authority,” said Curt Hartman, an attorney representing Miller. “That they are that limited to passing legislation, which is broad policy decisions for the entire city. When they start interjecting themselves into individual projects, it creates a situation ripe for corruption.”
Attorneys for the city and Over-the-Rhine Community Housing point to other projects approved “notwithstanding” zoning rules, like the Bengals practice facility.
“Notwithstanding ordinances have been used before, have been used for projects very similar to this,” Eilerman said. “I think that the fears that are kind of spurring this are just are just unfounded.”
Miller’s attorneys sought a temporary restraining order to pause the project while the lawsuit continues. A judge denied the request on Monday.
Miller’s lawyers will have another chance to seek a pause on the project. They are seeking a preliminary injunction to halt development as the lawsuit continues. The effort is expected to be heard in court next month.
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