CLEVELAND — The battle over building a new Cleveland Marion Seltzer School on a portion of historic Cudell Park property hit a new crescendo, with a Cudell descendant urging the Cleveland Schools to alter its building site.
Gail Lundberg is a descendant of Frank Cudell's wife, Emma Mueller Cudell. Lundberg told News 5 that building a new school on a significant portion of Cudell Park would be a direct violation of Frank Cudell's will written in 1914, which transferred the property to the City of Cleveland upon his wife's death.
“His will was simply not just a piece of paper; it was in his heart, and I certainly hope the school district and the City of Cleveland will honor his legacy," Lundberg said. “It was obvious that we had to honor what Frank Cudell hoped for in this area, it seems a shame that we wouldn’t do that.”
Lundberg and members of the group "Friends of Cudell Commons Park" held an Oct. 24 news conference in front of some of the legacy trees that would be taken down to make way for the new school building.
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Group spokesperson Susan Zimmerman told News 5 she believes Frank Cudell's handwritten will clearly indicates the land his family gave to Cleveland was only to be used as a park.
“No one disagrees that we need a new Marion Seltzer school, we all want what’s best for our kids, but this park is what’s good for our kids too," Zimmerman said. "Cudell wrote his will in 1914, which very clearly left this property to the City of Cleveland to always be a park, and it’s in his will, forever, two words, for-space-ever."
Zimmerman said the group has also filed a lawsuit against the Cleveland Metropolitan School District and obtained a temporary injunction blocking construction on the school until October 31. Park advocates told News 5 that a settlement hearing in the case is set for Oct. 25, as both sides work toward a compromise on the project.
The Cleveland Metropolitan School district wouldn't comment about the ongoing litigation, but the district told News 5 in July the deed for the park property did not carry any deed restrictions, and homeowners were assured during a July meeting organized by Cleveland Councilwoman Jenny Spencer that a significant number of park trees would be saved during the new school construction.
The school district also made it clear multiple community meetings were held over the past several years on the segment 8 master building plans to construct a new Marion C. Seltzer school for students K through 8.
The district said preliminary construction on the project was to start in August, with the new school having a targeted completion date of August 2025. The school district told homeowners it couldn't build a new school on the existing school site because it did not have another location to conduct classes for students during the two-year building process.
Meanwhile, both Zimmerman and Lundberg are hoping Cleveland Schools will alter its building plan, saving more trees and taking up a smaller portion of Cudell Park in building the new school.
“He donated his vast land holdings to the City of Cleveland, directing in his will the building of athletic facilities, housing, and green space,” Lundberg said. “He made it quite clear, and I think all of us would feel shorted if our wishes were ignored.”
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