The three-judge Fifth District Cout of Appeals panel of William Hoffman, John Wise and Patricia Delaney ruled on Wednesday, affirming the May 10 decision of Licking County Common Pleas Court Judge David Branstool that the Ohio History Connection has the authority to acquire the lease at the Octagon Earthworks.

NEWARK — A state appeals court rejected Moundbuilders Country Club’s appeal of a lower-court ruling allowing the Ohio History Connection to reclaim the golf course property by eminent domain.

The three-judge Fifth District Court of Appeals panel of William Hoffman, John Wise and Patricia Delaney ruled on Wednesday, affirming the May 10 decision of Licking County Common Pleas Court Judge David Branstool that the Ohio History Connection has the authority to acquire the lease at the Octagon Earthworks.

Moundbuilders could ask the Ohio Supreme Court to consider the case. If there is no appeal, or the Supreme Court declines, the case returns to Branstool, with a jury trial determining the value of the lease and compensation the Ohio History Connection must pay Moundbuilders for the property.

"Moundbuilders Country Club will be reviewing its options as we consider the Fifth District Court of Appeals ruling," said David Kratoville, president of the country club’s board of trustees.

The Ohio History Connection, previously the Ohio Historical Society, has leased the property to Moundbuilders, where golf has been played since 1910. The Ohio History Connection seeks to buy back the lease on the property to improve public access to the Octagon Mounds, part of the Hopewell Ceremonial Earthworks proposed for nomination to the World Heritage List.

The U.S. Department of the Interior said it would only forward the nomination if the golf course had been removed from the site. The World Heritage List includes sites selected by the United Nations Educational, Scientific and Cultural Organization as having cultural, historical, scientific or other forms of significance.

Ohio History Connection spokeswoman Emmy Beach said, "This latest decision by the Fifth District Court brings us closer to our goal of making the Octagon Earthworks accessible to all. The earthworks display astonishing scope, beauty and precision and contain archaeological evidence of the remarkable American Indian culture that lived here 2,000 years ago."

The Ohio History Connection has offered Moundbuilders $800,000 for the property, based on an appraisal, but previously received an appraisal of $1.75 million, which was not disclosed until almost a year later. The trial court ruled the $800,000 offer was based on fair market value, and the mere existence of a previous, higher value offer did not constitute bad faith.

The Hopewell Ceremonial Earthworks includes Fort Ancient and Hopewell Culture National Historical Park and represents the largest concentration of ancient American Indian monumental landscape architecture in the world.

Kratoville said Moundbuilders has fewer than 300 members, a decrease in membership since the Ohio History Connection pursued acquisition of the property.

kmallett@newarkadvocate.com

@kmallett1958