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Lawsuit withdrawn again

For the second time in less than a year, a competitor to a proposed retirement home on Ohio University land withdrew its lawsuit to halt a lease that has yet to be approved by the state.

Athens Health Partners Ltd., the company that runs a retirement home in The Plains, again withdrew a lawsuit challenging a lease between OU and National Church Residences, a nonprofit developer.

The original lawsuit came after OU submitted a lease to the state that would allow National Church Residences to develop a retirement home on property off Stimson Avenue for $1 a year in rent. After the Ohio Department of Administrative Services rejected the lease, however, the university raised the rate to $60,000 annually over the next 40 years.

Athens Health Partners submitted a second legal challenge arguing that this amount still did not reflect the value of the land. But because the state has not approved the new lease yet, the plaintiffs made the decision to withdraw their own case.

It was our belief that (the lease) may have been filed prematurely

said Jeffery Swick, counsel for Athens Health Partners. We believed that it was approved and was being circulated for final signatures.

OU also filed a motion to dismiss the case.

The motion asserts that (the plaintiffs) don't have standing to make a case said Patrick Kasson, the attorney for OU. It's just a competitor trying to keep another competitor out of the area.- Kasson said, adding that the facility will provide the university with beneficial rent at no additional obligation.

Although the red tape has delayed the process, neither side is budging, and the lawsuit will begin again if the lease is approved.

Swick said he absolutely plans to re-file the suit if the lease is approved.

Kasson, in turn, said that once that happens, we're going to file the exact same motion to dismiss.

,",17,Archives,Tristan Navera,",",Retirement home will re-file if state approves OU lease,",",","

25381,2008-07-17 00:00:00,Organizations offer free stargazing,",Dozens of local astronomy enthusiasts gathered on Ohio University's College Green Tuesday night for a free telescope viewing.

In a joint sponsorship between the OU Astrophysical Institute and the Southeast Ohio Astronomical Society

the organizations provided telescopes and knowledgeable members to expose the public to the beauty of the night sky.

Those in attendance were able to see the Moon

Saturn and Jupiter through four available telescopes. Two viewing stations were set up on College Green with two more on Court Street. A member of either of the organizing groups was available at each one to provide advice and information on the visible planets.

The two groups have hosted an average of three outreach programs each quarter beginning in 1999 when they started the program

said Maryann Hartwick

SEOAS president. Attendance is often sizeable

she added.

We have about 160 people on the e-mail list, but hundreds of people show up, Hartwick said. We have a solid base of attendees. G? It's usually a good blend of students (and non-students).

The robust attendance of these events may be because of the passion for astronomy of both the members of SEOAS and the Astrophysical Institute. Astronomy lab instructor George Eberts has had a life-long interest in stargazing and helps out with events to share his interest to attendees.

I have been doing this for over 40 years, much longer than I have been teaching about it, Eberts said. I was definitely the little kid that went out in the yard with a pair of binoculars.

The outreach program is meant to inspire children and adults to become interested in astronomy

as well as to show the excitement that the members of both groups have for the field

Hartwick said.

We love to share the joy of something we all have a huge interest in, she said. That 'wow' moment that happens is lots of fun, especially for the kids.

Several individuals on Court Street also came over to view the planets

including Canton native Julie Kuhn. -

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