Construction of School in Cudell Commons Delayed as Court Battle Continues

The plan to build the new Marion C. Seltzer Elementary School requires the removal of mature shade trees in Cudell Commons. Credit: Maria Elena Scott

A judge extended the temporary restraining order halting CMSD’s construction of the new Marion C. Seltzer Elementary School campus in the Cudell Commons park after a lengthy hearing ran out the clock Tuesday in the civil suit brought by a dozen park neighbors against the district and the city of Cleveland.

Attorney Sam O’Leary, who represents the plaintiffs, argued in court that building a school in the park and removing mature shade trees would harm neighbors and adjacent property owners because of the loss of green space and potential decreases to property values. However, much of the legal debate centered around two historic deeds.

“Frank Cudell began to effectuate his vision for the Cudell neighborhood as early as July 1906, when he and his wife Emma deeded certain property to the City to further develop the neighborhood, including its park and boulevard system,” according to the neighbors’ complaint.

While O’Leary maintains that the 1906 deed from Frank Cudell places restrictions on the land, a lawyer for the city argued that the majority of the land in question resulted from a 1935 deed from Emma Cudell without restrictions or covenants. Additionally, the defense said the land in question has already changed, “remarkably,” and no longer resembles Cudell’s original vision for a park and boulevard system.

Plans to exchange part of Cudell Commons (owned by the city) for the Watterson-Lake School property and the Harry E. Davis School property (owned by CMSD) were characterized as “mutually beneficial” in a 2021 Cleveland City Council Ordinance. CMSD would build a new Marion C. Seltzer Elementary School near the Cudell Recreation Center and the city would revitalize the real estate it gained.

But Judge Nancy Margaret Russo asked the defendants how they decided construction of a school in the park was in the public’s interest. Citing the loss of greenspace, Russo questioned if and how the city sought feedback from the community in its decision.

The case likely won’t see any updates until the next hearing, scheduled for November 28. In the meantime, Russo instructed the city to produce documentation behind the land exchange and any community outreach to the court and the defense.

“You will get your hands on [the relevant documents] because I will order them,” Russo said. “There’s not going to be any delay.”

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