[ back ]
Residents threaten suit over township park
(by Joseph Koziol Jr. - September 24, 2008)
Residents threaten suit over township park
By JOSEPH KOZIOL JR.
Grading work is due to continue at a Chardon Township park despite a threat of legal action against the township if it continues.
Township Trustees received the threat last week from people representing neighboring properties around the park at the southwest corner of Auburn and Mentor roads.
Attorney John J. Sheehan Jr., who attended the trustees' meeting, issued a letter to township officials Sept. 12, stating that further legal action would be taken if they continue with the grading work at the park.
Mr. Sheehan wrote that he is representing Emily Sonnie, beneficial owner, and Donald and Carol Poe, record owners, of 11001 Mitchells Mill Road, and the Wick property at 11049 Mitchells Mill Road.
The township hired Hallmark Excavating Co., of Painesville, to begin grading the 14-acre property less than a month ago.
Mr. Sheehan wrote that the work was being done without proper permits and without a comprehensive plan for the property. "Until you have a comprehensive plan and appropriate permits to proceed, you are wasting township money which could be better used for road salt and equipment," he wrote.
Mr. Sheehan wrote that the work being done, including the creation of a 1-acre pond, could harm the neighboring properties. "The work being done will change the character of these properties and make them subject to 'wetlands' governance," he wrote.
Mr. Sheehan called for work to stop at the site until planning is complete and the township has proper permits.
If they fail to do so, he wrote, he would seek reimbursement of costs from the trustees, individually, and take further legal action. "Unless and until you have a comprehensive plan and appropriate permits to proceed, my clients will look to each of the trustees, individually, to reimburse them for damages to and reduction in the value of their property," Mr. Sheehan wrote. "Individual liability emanates from an exceeding of authority specifically granted a trustee," he wrote.
"If the trustees refuse to cooperate with this reasonable request, further specific legal action will be taken by way of injunction and request for damages."
Although trustees had an agenda item to discuss the status of phase-one work at the park, they skipped over the item.
Mr. Sheehan asked during a public-comment portion of the meeting why there was no discussion on the agenda item.
Trustee Steven Borawski said that, because of the threats of litigation, trustees would not speak on the issue until they could consult with legal counsel.
Mr. Borawski said after the meeting that work would continue at the park, despite the threat. "We're not stopping it because someone sends us a letter, especially when the people don't even own the property," he said. He said those mentioned in the letter do not have title to the properties.
[ back ]
