Photo by Janelle Patterson Clinical Manager Christa Holman, left, and Clinical Coordinator Candace Jeffers, right, welcome day and night-shift staff into the Oriana House/Woman's Home residential treatment facility at 812 Third St. to discuss the common pleas court ruling and impacts on operations Thursday.

If Oriana House Inc. wishes to continue residential addiction treatment at its Third Street facility, a judge’s ruling this week outlines additional steps that they must take by Nov. 10.

Without compliance or a stay of execution granted, the ruling would enforce Oriana House to vacate the premises.

The Latin phrase “in pari materia,” or colloquially: considering together under the common purpose of the law, was the basis of a ruling both city officials and Oriana House Inc. are now digesting.

“The entire enactment (of) all relevant codified ordinances must be considered in determining its spirit and meaning,” wrote Appointed Judge John Solovan in his ruling on the City of Marietta v. Washington County Woman’s Home and Oriana House Inc. when he filed after close of business Wednesday his final, appealable order in Washington County Common Pleas Court.

That ruling was available for public review as of Thursday morning.

“We weren’t aware that a decision had been made yet and we will have to really evaluate that decision and go through the ruling with our legal team,” said Bernie Rochford, vice president of Oriana House, when notified Thursday of the ruling. “We’re holding a staff meeting with our (Third Street facility) staff to notify them of the decision, and we’re evaluating what our next steps might be.”

The case was initially filed in the Washington County Common Pleas Court in April and assigned to Solovan to preclude any conflict of interest with locally-elected and appointed county judges, all of whom have either personal and/or professional ties to Oriana House Inc. and St. Mary Catholic School.

The private school is indirectly affected by the outcomes of this case because of its proximity to the 812 Third St. facility, resting property line to property line 0.04 miles or 201.01 feet away at 320 Marion St.

The case is based on the city’s claim that legislated procedure for obtaining necessary permits to operate a residential care facility within a residential zone were not fully followed by Oriana House Inc., a northeast Ohio-based nonprofit which currently also operates a corrections facility in Reno, outpatient therapeutic services in Reno and Washington County Common Pleas Judge Mark Kerenyi’s drug court administration in Marietta.

Oriana House is currently under contract with the Washington County Woman’s Home Board of Trustees for the purchase of the Third Street facility and is already operating a residential addiction treatment program with 11 residents.

“They should have to follow the same rules and in the same way as any other business,” said Bret Frye, of Marietta, when notified of the decision on Thursday.

Frye is one of the parents of students at St. Mary Catholic School and one of the more outspoken organizers of parents concerned about the placement of the facility near elementary and middle school-aged children.

Frye said he believes zoning codes are in place to protect residential property values and through the current ruling to enforce the city zoning code’s process of permitting, “I think the judge did the practical thing.”

The plaintiff, City of Marietta, argued that while Oriana House did obtain a use and occupancy permit through the city engineering department, they–by city codes–also qualify for additional review by the city planning commission.

“It takes six weeks at least to get that portion scheduled with the application for a special use permit through engineering to the planning commission,” explained City Law Director Paul Bertram as he laid out possible next steps Thursday that are open to Oriana House. “Then, as in any case, once the planning commission gets an application for special use, letters have to be sent out by the commission to all affected parties including the school and other neighbors and follow public notice law using the newspaper of record (The Marietta Times) to notify the public at large of an official hearing.”

Bertram said the earliest such a hearing could take place if Oriana House chooses to follow Solovan’s order, is between Oct. 16 and Nov. 6.

Meanwhile, Washington County Behavioral Health Board Director David Browne said Thursday that he is disappointed with the ruling.

“It doesn’t make sense to me, the way I read that city zoning code it’s too ambiguous for the common layperson to understand,” said Browne. “But the ball is now in Oriana’s court.”

The judge disagreed with the claim of ambiguity, also argued by Oriana House and the Woman’s Home in its response to the city lawsuit.

“It is undeniably clear, from express language in Ordinance 1113.02(g)(4) that Oriana House’s proposed use as a residential treatment facility is not the same as the Woman’s Home multi-family home for elderly women,” wrote Solovan. “Defendants cannot deny their unique identity, as a separate and distinct residential treatment facility from any other in the State of Ohio, as such is defined by (Ohio Revised Code) 5119.34 and 5119.341.”

Bertram explained that Oriana House now has three available choices:

1. Follow the injunction and vacate 812 Third St. by Nov. 10.

2. Follow the order and apply for a special use permit through the Marietta City Planning Commission.

3. Appeal the order to the Fourth District Court of Appeals and ask Solovan for a stay of execution on the injunction pending the appeal.

Rochford confirmed that operations of the residential treatment facility will continue while the nonprofit’s leadership evaluates those possible outcomes.

“Here’s the challenge, we’ve been through this before at other locations and going through a planning commission which put all kinds of restrictions on us where it made it impossible to functionally operate,” said Rochford.

He said the nonprofit’s leadership and local supervisory staff will continue to consider possible actions and outcomes in the coming days.

Janelle Patterson can be reached at jpatterson@mariettatimes.com.

What’s next:

• Oriana House Inc. will consult with its legal counsel on whether to accept the final, appealable order filed Wednesday in Washington County Common Pleas Court.

• On Thursday that order was available for public record review.

At a glance:

• The appointed judge, John M. Solovan, ruled in the City of Marietta v. Washington County Woman’s Home and Oriana House Inc., that the defendants are:

• Permanently enjoined from operating a residential treatment facility at 812 Third St. beginning Nov. 10 without obtaining by that date a special use permit.

• The special use permit would be considered in a public hearing after application through the city engineering department to the city planning commission.

• If Oriana House applies for such special use permit, the hearing could be scheduled between Oct. 16 and Nov. 6.

• If Oriana House chooses to appeal Solovan’s ruling, that decision would belong to the Fourth District Court of Appeals.

Sources: Marietta City Law Director Paul Bertram, Washington County Clerk of Courts, Appointed Judge John M. Solovan.