"Gentleman's Agreement"

Prosecutor Baxter and Judge McGookey implemented a “Gentleman’s Agreement” between landowners and ErieMeotrparks…but ErieMetroparks continues to violate that agreement and stomp on landowners' rights, while Baxter and McGookey look the other way. 

ErieMetroparks Attack on Citizens Clearly  an Eye-Opener  

July 2, 2002: It appears the chainsaw attack by Erie MetroParks (EMP) on private citizens’ personal backyard decks - members of grassroots property right’s group Citizens for the Protection of Property Rights (CPPR) - was EMP’s attempt to intimidate the CPPR landowners into submission…to pressure them to give up their decade long fight to protect the property of 30+ families’ from EMP’s unlawful and forcible occupation.   

Safety a Concern– Prosecutor Drafts a Gentleman’s Agreement  

July, 2002: This act of vandalism understandably created much tension between the landowners and EMP. As a result, a temporary compromise was penned by Prosecutor Kevin Baxter and approved by Judge Beverly McGookey. (Judge McGookey appoints the EMP 3-man Park Board.) It was presented to CPPR landowners and EMP - as a means to avert any further physical outbreaks between them.

The "Gentleman's Agreement" stated that EMP could go on the corridor on Tuesday's from 12:00-4:00 p.m. The landowners would be allowed on their land Saturday's from 12:00-4:00 p.m. Under this agreement, EMP also agreed not to do any work or alter in ANY way, the contested 3 mile northern portion of the corridor. 

Baxter stated he would implement this usage plan, and instruct the police to enforce it as outlined.  This would stay in effect until one of the landowners’ properties – any of the dozens that fall within this 3 mile area – had sought quiet title on their respective property through the court. Depending on how the court ruled on the ownership of this first individual property, that’s how Baxter would enforce the ownership of the entire 3 mile area, until the point in time when each of the other landowners could get their specific case heard by the court.

CPPR Landowner Files Test Case

2003: CPPR members Jerry and Carol Nottke’s property was picked as the case to start with, considering the overwhelmingly clear and factual proof as to the Nottke’s superior ownership.  Even though CPPR presented a fully substantiated, factual argument as to Nottke’s ownership…and even though EMP’s own “expert witnesses” changed their testimony under oath and agreed fully with CPPR – visiting Judge Patton ruled in favor of EMP and against Nottke’s.  His one-sentence decision merely said he ruled in favor of EMP and against the landowner Nottke.  Patton gave no reason as to how or why he came to his conclusion.  CPPR’s attorney formally requested a “finding of fact” to the judge, which simply asks the judge to explain the factual process he used in his decision.  Judge Patton flatly refused to respond.  Period.

Judge Patton Ruling Ignored Facts - CPPR Forced to Appeal

In early 2004, CPPR was forced to appeal Judge Patton’s unfounded and apparently bias ruling to the State Appellate Court.  Therefore, the Nottke case remained open.  

Case Under Appeal – Yet EMP Holds Public Party on “OFF-LIMITS” Land   September 12, 2004: While this appeal was pending in the state court, EMP took the liberty of holding a “Grand Opening” of the very land outlined as “off-limits” in the “Gentleman’s Agreement.” EMP hosted a parade through the above mentioned land, even marched the OSU Alumni Band through the area.  Dozens of unsuspecting citizens attended and enjoyed the free hot dogs and drinks supplied by EMP.  EMP Director Jon Granville and clown “Ronald McDonald” spent the afternoon riding up and down privately-deeded citizens’ yards in a cart, further adding to this EMP “circus.”

Landowners stood quietly along the parade route with signs reading “You are on private property - courts have not ruled on this land.”  

Nottke Ruling Reversed – Ordered Erie County to  Review Facts  

In January 2005, the Appellate Court reversed Judge Patton’s ruling on the Nottke case –it was sent back to the Erie County Common Pleas Court, and the appellate court ordered Erie County to review and consider the facts that had been ignored. Basically, CPPR must start over and re-try the case in Erie County…and re-submit the in depth factual argument to support CPPR’s claim of Nottke’s ownership.  Hopefully this time the facts will be considered, as the Appellate court ordered.  

Case Not Over -  Gentleman’s Agreement Should Remain in Place  

However, as you are all aware, EMP has had the corridor open to the public since their “grand opening” publicity stunt. Also, EMP is currently constructing a lookout platform behind the Davis's home, on Davis’s section of the corridor, well within the contested area. CPPR Attorney Jeff Rengel contacted EMP’s attorneys and Prosecutor Kevin Baxter; he insisted that Baxter uphold this agreement Baxter authored and Judge McGookey approved. Rengel has demanded that EMP close the area to any further public use or construction and await the court’s decision on  the Nottke Case.  This scenario was clearly stated in Baxter’s “Gentlemen’s Agreement” of 2002.

Kevin Baxter and EMP have repeatedly ignored CPPR’s multiple requests to abide by this agreement.  Judge McGookey has been contacted by Rengel, has only given us lip service.  Meanwhile, EMP continues to use this land as their own, and spend more Erie County tax dollars on construction and development of land that they have no legal rights to occupy.