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Legal issues may doom sale of West Chester historic schoolhouse

Published: Thursday, December 07, 2017 @ 10:20 AM
Updated: Thursday, December 07, 2017 @ 2:32 PM

The sale of the historic Station Road schoolhouse is pending after a Butler County magistrate decided he needs to think about whether the court even has jurisdiction over the appeal of a zoning board ruling.

West Chester Twp. trustees agreed to sell the schoolhouse to the owners of Community Montessori School last May, but the zoning board nixed the sale.

Community Montessori School owners Todd and Jamie Minniear appealed the zoning board’s decision in Butler County Common Pleas Court. The two sides recently came to terms on the deal.

WATCH NOW: Residents come out to tell trustees they don’t want the schoolhouse sale

Then Dave Lindenschmidt, who was a candidate for township trustee, and his neighbor, Gary Bolte, hired a lawyer and filed a motion to intervene in the lawsuit.

A main argument by the residents’ attorney Tim Mara is that Minniear filed the zoning board appeal with his company J. Lyn Property LLC as the complainant, so the appeal must be dismissed.

“A person not licensed to practice law cannot file a notice of appeal in a court of law,” Mara told Butler County Common Pleas Court Magistrate Justin Lane. “When such a notice of appeal is filed it’s a nullity, it’s as if it never happened. So this court has no jurisdiction over this matter.”

The Minniears have an attorney now, but Mara said that cannot “rectify” the situation.

Jay Bennett was hired at the end of November to represent the couple and he told the magistrate the situation doesn’t have the same set of circumstances the rules about corporations and lawsuits were designed to prevent.

MORE: Two residents try to stop the sales of the historic Station Road schoolhouse

“I believe to totally dismiss that, if that is where the court is leaning, would be incredibly harsh,” Bennett. “I understand the rule about not allowing corporate entities to represent themselves but when we’re talking about corporate entities we’re talking about share holders and officers and boards of directors and those types of things. My client is J. Lyn Properties.”

West Chester Twp.’s attorney Scott Phillips told the magistrate the residents should not be allowed to intervene in the case and try to undo what the township trustees have determined is best. He said had they filed their intervention motion when the case began in July they could have been at the negotiating table.

“When a proposed intervening party waits three months to file their motion to intervene at that point in time I believe intervention is inappropriate…,” Phillips said. “If they were concerned what was happening in this appeal they should have intervened immediately, we could have dealt with that issue and brought them and sat down with them to figure out if this proposed consent decree makes sense to them.

“We spent literally thousands and thousands of dollars and lots of man hours basically trying to come up with a proposed consent decree that we believe is fair and reasonable and is in the best interest of the township as a whole,” he said.

Lane said he is going to consider the jurisdiction issue and report his decision back to the attorneys this month.

Car thieves in Dayton rely on drivers’ poor choices

Published: Tuesday, January 16, 2018 @ 10:53 AM

            Seven juvenile males were taken into custody in March 2016 as part of a multi-jurisdictional car-theft investigation. STAFF
Seven juvenile males were taken into custody in March 2016 as part of a multi-jurisdictional car-theft investigation. STAFF

Auto theft often is a crime of opportunity, and now that winter is here, thieves in Dayton will be given some golden opportunities by drivers who make bad decisions.

Since Oct. 1, there have been 88 grand theft auto reports in the West Patrol Operations Division, and 41 of the incidents involved a vehicle that was left running with the keys in the ignition, Dayton police Sgt. Creigee S. Coleman said.

“The best way to warm up your car is to go ahead and get in, dress for the weather, drive the vehicle, and it’ll warm up on its own,” Coleman said.

MORE: Dayton among cities named ‘fallen into decline’

Significantly fewer vehicles would go missing if people held onto their car keys.

One in eight vehicles stolen nationwide in 2015 had the keys or fob left inside, according to the National Insurance Crime Bureau.

“Puffing,” which is warming up a parked vehicle before hitting the road, is against the law in Ohio and drivers can be cited for violations.

But more importantly, people put themselves at significant risk of having their transportation stolen, meaning they lose their way to get around to important places like work and school, police said.

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“In this day and age, if people see a car running, they will jump in and they will take it,” Coleman said.

Nationally, January ranks as the worst month for “puffer thefts,” according to AAA.

Thieves can tell a vehicle is running by the puffs of smoke or exhaust coming from the back of parked vehicles.

No one likes climbing into a cold car. But it is better to be cold than to be car-less, and walking is a lot colder than driving.

Police say some residents who fire up their vehicles and then leave them unattended as they warm up often will return to find them missing.

Such cases of auto theft are very preventable but all too common, Coleman said.

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Some people also leave their vehicles running when they stop to shop at convenience stores, gas stations or other businesses, which is also a bad move, Coleman said. Dayton had 665 auto thefts last year.

Some vehicles are not insured against theft, and some insurance policies do not cover theft if the policyholder leaves the keys in an unattended vehicle.

‘Oh Happy Day’ singer Edwin Hawkins dead at 74

Published: Tuesday, January 16, 2018 @ 10:41 AM

Remembering Edwin Hawkins

Edwin Hawkins, the gospel singer best-known for the song “Oh Happy Day,” has died at age 74. 

The New York Times reported that Hawkins’ publicist, Bill Carpenter, said the musician died of pancreatic cancer in Pleasanton, California.

Hawkins brought gospel music to the mainstream when “Oh Happy Day” reached No. 4 on the Billboard pop chart and No. 2 on the Billboard R&B chart in 1969. 

>> Read more trending news 

The 18th-century hymn was given an infectious new arrangement and released on “Let Us Go Into the House of the Lord,” an album by Northern California State Youth Choir, a group put together by Hawkins and friend Betty Watson, to raise money to travel to Southern California for a gospel competition.

The Modesto Bee reported in a 2008 profile of Hawkins that the song took a life of its own when an underground radio DJ in San Francisco played it.

“It was recorded on a friend’s little two-track machine,” Hawkins told The Modesto Bee. “It was never intended for commercial purposes at all.”

Related: Photos: Notable deaths 2018

The song earned the youth choir -- renamed the Edwin Hawkins Singers -- their first Grammy. It got the award for Best Soul Gospel Performance in 1970.

“Oh Happy Day” went on to be recorded by artists across multiple genres, including Elvis Presley, Johnny Mathis and Glen Campbell, The Associated Press reported.

The song saw a resurgence decades later when used in the 1993 Whoopi Goldberg comedy “Sister Act 2.”

Hawkins continued to make music after the success of “Oh Happy Day,” winning three more Grammys and getting voted into the Christian Music Hall of Fame in 2007.

Family: 6-year-old girl hallucinates, tries to jump out window after taking flu medication

Published: Tuesday, January 16, 2018 @ 11:18 AM

Hannah Peters/Getty Images
(Hannah Peters/Getty Images)

A Texas girl suffered hallucinations and tried to jump out a second-floor window after she took Tamiflu to fight off a flu diagnosis, family members told KTVT Friday.

>> Read more trending news

The family, who was not identified, told KTVT the girl also ran away from school and might have tried to hurt herself after taking Tamiflu.

“The second-story window was open, which is in her bedroom, and she used her desk to climb up onto it, and she was about to jump out the window when my wife came up and grabbed her,” the girl’s father told KTVT. “I don’t think the 16 hours of symptom relief from the flu is worth the possible side effects that we went through.”

Members of the family, from Allen, told KTVT they took the girl to the hospital, where they were told that Tamiflu carries the rare risk of nervous system problems. Dr. Glenn Hardesty, who works in the emergency room at Texas Health Prosper, told the news station that the side effects are seen in less than 1 percent of patients.

“I’ve been in practice 20 years, and I haven’t seen that particular complication,” he said.

According to the U.S. Food Drug Administration, children and teenagers who take Tamiflu have a higher risk of suffering from seizures, confusion or unusual behavior during their illness.

“These serious side effects are not common but may result in accidental injury to the patient,” according to the FDA. “People who take Tamiflu should be watched for signs of unusual behavior and a health care provider should be contacted right away if the patient shows any unusual behavior while taking Tamiflu.”

Family members told KTVT that they would not have given their child Tamiflu if they were aware of the possible side effects and urged other parents to be aware.

“Know that side effects are there for a reason,” the child’s father told KTVT. “They’re written down for a reason. I guess they can happen, and we got the short end of the stick.”

<p>5 Reasons to get a Flu Shot</p>(Bryan Erdy/News | WHBQ)

JUST IN: Zoup! sets opening date for its 2nd Dayton-area restaurant

Published: Tuesday, January 16, 2018 @ 11:07 AM

Opening date set for new Zoup! Restaurant in Cornerstone of Centerville

We now have confirmation of an opening date for the Dayton area’s second “Zoup!” restaurant: Monday, Jan. 22.

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Zoup — which already operates a location next to Whole Foods on Ohio 725 in Washington Twp. — will open its new restaurant at 5235 Cornerstone North Boulevard in the Shoppes at Cornerstone III, the four-tenant retail building along Wilmington Pike on the western edge of the Cornerstone of Centerville development. The building also houses three other restaurants: MOD Pizza, First Watch and Firehouse Subs.

>> ALSO NEW TODAY: New bakery specializing in pies — yes, pies — to open near UD

Zoup! will open its second Dayton-area location on Monday, Jan. 22. MARK FISHER/STAFF(Staff Writer)

The new 2,000-square-foot Zoup will seat 59 and will employ about 20. Those interested in applying can visit for more information.

>>PREVIOUS COVERAGE: Zoup! to open first Dayton-area location

Zoup offers about a dozen rotating daily varieties of soup, including low-fat, vegetarian, dairy-free and gluten-free options, and also serves made-to-order salads and sandwiches. The first Zoup restaurant opened in Southfield, Mich., in suburban Detroit in 1998. The chain operates more than 100 restaurants in 19 U.S. states and in Canada.

>> ALSO NEW TODAY: 6 events that will help you beat the winter blahs

Brian Wood, franchise owner of the Cornerstone of Centerville restaurant, and his business partner Kevin Forrer collectively have 30 years of food industry experience.

>> RELATED: Fast-serve pizza chain MOD Pizza coming to Cornerstone

“Kevin and I are very involved in the Centerville community, and we’re looking forward to serving our family, friends and neighbors the award-winning soup, salads and sandwiches that Zoup! is known for,” Wood said in a release.