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Lawsuit seeks decision on abandoned Mary Haven building

Apryl Pilolli The former Mary Haven juvenile housing facility sits in disrepair Thursday, July 29, 2010, in Lebanon.

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By Ed Richter, Staff Writer Updated 1:29 AM Sunday, January 23, 2011

LEBANON — Concerns continue to be raised about the future of the former Mary Haven property on Ohio 63 west of Lebanon.

The Warren County Commission filed a lawsuit Jan. 4 against the Ohio Attorney General’s Office in the county Probate Court to seek a decision on the ownership of the property and building that has fallen into an irreparable state.

The commissioner’s court action seeks certain declarations of rights relating to the ownership of the trust as well as termination the trust created by Mary Ann Klingling that was created nearly 143 years ago.

The Mary Haven building was constructed in 1874 at the bequest of a $40,000 trust established through Klingling’s will. The building sits on a 53-acre parcel of land on the northwest corner of Ohio 63 and Markey Road in Lebanon.

Terry Banker, a Turtle- creek Twp. resident, gave a presentation at a recent meeting of the Lebanon Conservancy Foundation, a private historic preservation organization.

Banker said over the years, the county has not complied with various requirements with state law as well as the bylaws of the original organization.

She said the Common Pleas Court was supposed to have established a six-member board of trustees, but has not.

“There are numerous people in the community who have ideas but can’t communicate them because there are no trustees set,” she said.

Banker said an independent audit of the funds from the original will and other donations made to the fund over the years needs to be made. She told the foundation “a substantial amount of money was donated between the 1950s into the 1980s.

Since 2006, Banker has been advocating for the preservation of the building and said she has never asked to have county tax dollars used for the renovations.

She believes the building can be repaired through grants and private donations.

The condition of the building has been an issue between the city of Lebanon and the county. The county commissioners have said it would cost more than $200,000 to raze and $5 million to $6 million to restore.

Banker asked the foundation to cover the costs of a full-page advertisement to inform the community about the issue and what is at stake.

She also questioned if there could be a conflict of interest for Probate/Juvenile Judge Mike Powell to hear the case, because the facility served as the county’s juvenile detention home before it was closed.

“It’s coming to a head with the court filing,” Banker said.

Gerald Miller, foundation president, said he thought “the ad was a wonderful idea.”

Another foundation member, Marilyn Haley suggested that the organization use this as its 2011 project.

“I think we’ll find a lot of support,” she said.

Banker said, “It’s difficult to understand how it got to this point.”

The case cannot be set for a hearing in Probate Court until Feb. 9, according to court personnel.

Chief Assistant Prosecutor Bruce McGary said Klingling’s will and subsequent trust was established for the creation of an orphans asylum and children’s home. However, the county used tax dollars to keep the children’s home operating because the asylum and the orphans funds did not have sufficient cash to cover those expenses.

The trust funds could only be used for the construction of the building and purchase of property, McGary said.

“In her will, Klingling recognized the trust would not cover all of the expenses and that it would need community support,” McGary said.

In addition, McGary said there was also a tax levy at the time to provide operating funds for the home.

Absent any contributors, the alternate trustees could be the city of Lebanon or the county. McGary said there was another option if the city or county would not take on the responsibility — the funds would go to a German-American immigrant society in Cincinnati.

McGary said the county had to go to the Ohio General Assembly to get authorization to permit the acceptance of funds and operate an orphans asylum. Legislation was approved, and it was also added if a county operates an orphans asylum, it could also operate a children’s home, McGary said.

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