The Big Chiller
Antioch University is threatening to take legal action against the Village of Yellow Springs. Village Manager Eric Swansen has received a request from Antioch University lawyers to produce five years worth of voice mail messages, emails, electronic records, and print materials related to an unresolved dispute between a Yellow Springs resident and Antioch College/University. Antioch University has requested that Swansen provide these items within the next two weeks.
Since 2004, Jerry Papania, a Glen Helen Association member and local resident has complained about the noise level of a “chiller” air-conditioning unit on the Antioch College campus grounds. The University installed the large and noisy chiller adjacent to Mr. Papania’s property without a zoning or building permit. The manufacturer of the chiller reports the device’s noise level is not suitable for residential areas.
In a surrealistic legal maneuver that appears to defy logic, Antioch University has melded the chiller issue with the student, alumni, and community efforts to keep Antioch College open. It appears Antioch University’s threat of legal action against the Village of Yellow Springs is an attempt to chill civic discourse by a Chancellor, Chairman, and University run amok.
It appears Antioch University is initiating a Strategic Lawsuit Against Public Participation against the Village and its residents.
DOWNLOAD & READ: THE BIG CHILLER
Excerpts:
Regardless, your letter and the demands made therein are actions of the Village of Yellow Springs taken “under color of law.” We believe they are unlawful actions for a number of reasons, including the complete lack of due process and compliance with Village ordinances, the imposition of double jeopardy after the Village’s failed attempt to have the University found criminally liable, and the improper and ultra vires motivation of the Village Council. The University will take all necessary legal actions to resist these unlawful actions of the Village.
Antioch University Legal Counsel – page 3
At its next regular meeting on April 7, 2008, the minutes show that Council permitted persons supporting the continued operation of Antioch College to speak… The next item of business at the April 7,2008 meeting was consideration of a motion “that Council write a letter expressing encouragement of the efforts to keep Antioch College alive as a viable College in this town… With regard to the air conditioning unit on the Antioch College campus, the minutes of the April 7, 2008 meeting go on to state… Village Solicitor John Chambers explained that they have been examining the records regarding the chiller and have found that no permit was issued.
Antioch University Legal Counsel – page 2