Lawsuit ends in favor of Fairlawn, Akron
By Ed Wojnaroski
Fairlawn City Council learned during the May 21 meeting that the Ohio Supreme Court declined to hear an appeal by a Bath developer who alleged Akron misused revenue generated from the Bath-Akron-Fairlawn Joint Economic Development District (JEDD) agreement.
Two years ago, Bath developer John Dellagnese III sued Akron, Fairlawn and Bath and alleged that Akron used the $27 million earned from the JEDD (from 2001 to 2003) and developed properties outside of the JEDD’s borders and within the city of Akron. Dellagnese also contended the city enticed businesses to move out of the JEDD area and into Akron by offering real and personal property tax rebates. As a result, Dellagnese, who owns commercial real estate located in the Bath-Akron-Fairlawn JEDD, contended he was discriminated against in favor of Akron businesses. He also stated in the suit that Bath commercial property owners lost leases and sales of property and Akron’s conduct has discouraged construction of business properties in Bath, thus resulting in a loss of tax revenue for the township.
Dellagnese, who later dropped Bath as a defendant, had filed the lawsuit as an individual and as a taxpayer of Bath.
With the Supreme Court’s decision, an earlier ruling by Summit County Common Pleas Court Judge Marvin Shapiro stands. In Shapiro’s decision, Dellagnese’s claim was dismissed because he is not an Akron or Fairlawn taxpayer and he does not have “any recognizable property interests (such as a leasehold) in either municipality.” Shapiro also dismissed his claim because he is not a party to the JEDD contract. Shapiro also stated in his decision that the statute of limitations expired for any action to be brought against the JEDD contract.
The Bath-Akron-Fairlawn JEDD is a 99-year agreement that was formed in 1998. Its intent is to protect townships from annexation, while at the same time provide cities with additional revenue.
Fairlawn Law Director Ed Riegler said with the Supreme Court’s decision, the city now would seek attorney’s fees.
In other business, City Council honored resident William Miller for his contributions to the city.
“I’ve had three careers,” said Miller. “The first was in the military, the second was in financial planning and the third was in the Boy Scouts.”
About 40 members of Boy Scout Troop No. 380 joined the celebration. Miller led the troop from 1966 to 1994, earning the Silver Beaver Award in 1972, the District Award of Merit in 1979 and the Vigil Honor in 1982, as well as guiding 90 Scouts to becoming an Eagle Scout. Miller, himself, earned that honor in 1938. He lauded participation in Scouting and said his mother had told him that, “If he really wanted to make a difference, that he should find a way to help young people.”
Mayor William Roth said Miller was “an example of a person that dedicated his life to serving others” and thanked him for that service on behalf of Fairlawn.
Miller graduated from Garfield High School in 1938, then served in the Army during World War II, fighting in the Battle of the Bulge and winning a Silver Star and a Purple Heart. He then graduated from The University of Akron in 1950 and Case Western Reserve University in 1954.
Miller served on various committees, including the Fairlawn Interstate 77 Re-route Committee, and helped to create the Fourth of July Parade in Fairlawn.
Dressed in his scoutmaster’s uniform, he said, “I want to thank everybody,” especially his wife, Alice, who constantly supported him in his efforts. Council passed a resolution honoring him for his many achievements.
Councilman James Butler (Ward 1) presented the resolution to Miller.
In other business:
• Roth said a memorial service will take place May 28 at 11 a.m. at Bicentennial Park.
He also said he is proposing South Smith Road be repaired between Bicentennial Road and West Market Street because water and weather damage had been especially severe.
• Service Director John Sellars said Brunsdorph Road would be closed so the bridge could be widened starting on June 1. He said the project, which is part of the widening of I-77, should be completed by the end of the summer.
A Committee-of-the-Whole meeting will take place May 29 at 6 p.m. The next regular Fairlawn City Council meeting will be June 4 at 6:30 p.m. Meetings will take place at the Fairlawn Municipal Complex, 3487 S. Smith Road.
Kathleen Collins contributed to this report. Ed Wojnaroski can be reached at jemelec@aol.com.
|
