Any decision in the Ohio History Connection’s (OHC) eminent domain lawsuit to fully reclaim The Octagon from the Moundbuilders County Club has been delayed yet again.

The trial, after many previous delays, had been rescheduled for July 15. Late last Friday, the 12th, OHC and Moundbuilders had a telephone conference with Judge Branstool asking for the trial to be delayed. This usually means the parties are close to a settlement, which would be more good news for The Octagon – sacred Native American ground, arguably a temple to the moon, which was designated Ohio’s first United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage site in 2023.

Nonetheless, both parties are still millions of dollars apart in regard to a settlement for what is arguably North America’s most intriguing First Nation’s Earthworks when considering it tracks the moon’s major cycle of 18.6 years. Some experts believe it is twice as precise as Stonehenge, yet the Octagon has been besieged by a private golf course for over 100 years.

Judge Branstool responded by issuing an order for a scheduling conference, a meeting set for August 12, which gives the Judge a chance to monitor the progress of the talks and push the case along.

The last time the trial was scheduled, May 28, a pool of potential jurors was called to appear. But before jury selection even began, those people sat in their jury room while the attorneys for one side were called into Judge Branstool’s chambers, followed by them leaving, and the other side’s attorneys heading into his chambers.

After about an hour and a half of such exchanges, the trial was postponed to July 15. While neither side at that time would comment about what was going on, it was clear to observers Judge Branstool was trying to mediate a settlement but failed.

However, given the latest postponement, it is clear the two parties are continuing to negotiate. If nothing happens by August 12, it is likely the trial will be rescheduled yet again.

As part of the lawsuit the case has gone up to the Ohio Supreme Court twice. In the first, the Court ruled eminent domain was proper for reclaiming the Octagon. In the second, the Ohio Supreme Court refused to take the case.

In preparation for the trial, OHC received estimates of around $2,000,000 from their experts to buy out the lease. Moundbuilders’ experts provided values of around $10-20 million. However, Judge Branstool disqualified Moundbuilders’ experts’ estimates, and this is where things were when the May 28 trial date was postponed. It looks extremely unlikely Moundbuilders will get what they were hoping for, it is in their interest to negotiate to try to get as much as they can.

Conversely, by negotiating, OHC can eliminate the uncertainty that comes from putting such a case before a jury.

If a settlement is reached, the parties will probably compromise on another issue of concern: the OHC wants to gain control of the property as soon as possible since the lunar alignments associated with the Octagon happen this fall, while Moundbuilders wants to take its time in relinquishing control.

A possible compromise might entail Moundbuilders greatly expanding public access to the Octagon in return for an extended handover period. On the other hand, there is always the possibility that this is just another delaying tactic.

After all this lawsuit originally started in 2018. Earthworks enthusiasts are concerned that this further attempt at a settlement will be another false hope that results in a further unjustified delay.