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See the latest school and business delays and closings

Appeals court affirms City Gospel Mission move to Queensgate

An appeals court has affirmed a lower court decision allowing the City Gospel Mission to relocate its facility to Queensgate.

The homeless shelter is planning to move from Over The Rhine to property located on Dalton Avenue.

Several neighboring Queensgate businesses and property owners, who oppose the relocation, filed a lawsuit in 2011 challenging a City Council action that allowed the plan to move forward.

Council passed a "notwithstanding ordinance" to allow the facility on Dalton Avenue since a special assistance shelter was not permitted in the zoning classification for the property.

A Hamilton County Common Pleas Court Judge had ruled in City Gospel Mission's favor with a summary judgment.

The Ohio First District Court of Appeals opinion said the Queensgate business and property owners "have not raised any genuine issues of material fact in support of their constitutional attack upon the notwithstanding ordinance in their capacity as neighboring businesses and property owners."

Judge J. Howard Sundermann authored the opinion with Judges Hendon and Cunningham concurring.

Jay Hanselman brings more than 10 years experience as a news anchor and reporter to 91.7 WVXU. He came to WVXU from WNKU, where he hosted the local broadcast of All Things Considered. Hanselman has been recognized for his reporting by the Kentucky AP Broadcasters Association, the Ohio Society of Professional Journalists, and the Ohio AP Broadcasters.