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Eminent domain cases in dormitory construction project are unresolved
By Carol Biliczky
Beacon Journal staff writer
Published on Friday, Aug 15, 2008
Summit County Probate Judge Bill Spicer is sending the University of Akron's unresolved eminent domain lawsuits to mediation.
He ordered the university and Joe and Mona Nemer and Manny and Colette Nemer to meet with Beachwood attorney Lisbeth M. Bulmash of the Summit County Mediation Program by Nov. 15.
Mediation will try to do what months of negotiations and legal wrangling have failed to accomplish: set a price for both couples' commercial properties.
Warner Mendenhall, attorney for Joe and Mona Nemer, said he was happy to take his case to mediation.
''We've had some productive discussions lately with the university on how this could be resolved,'' he said. ''Mediation could be very helpful to this process.''
UA spokesman Ken Torisky declined to comment.
The university wants the couples' properties to build a 450-bed residence hall next to a stadium already under construction.
Neither couple contested the university's need for the land, only the price that was to be paid.
A probate court jury in June ordered UA to pay $2.1 million to Joe and Mona Nemer for their property and $1 million to them and to Colette and Manny Nem
er for a jointly owned parking lot.
The university viewed that judgment as too high and appealed to the 9th District Court of Appeals.
UA also asked Spicer on Wednesday to allow it to postpone paying the money to the Nemer families until the appeal is concluded. The judge took the request under advisement.
The university is exploring other options, UA attorney Ted Mallo has said, including continuing to negotiate.
In addition, last week UA trustees gave Mallo permission to bow out of all negotiations if he can't come to a settlement that is more agreeable to the university.
If the university abandons the pursuit of eminent domain, it would build around the Nemers' properties. That would mean redesigning the residence hall by adding a floor and shrinking the size of the building's footprint.
Meanwhile, a jury trial on the lawsuit over Manny and Colette Nemer's property has been set for Dec. 2.
Joe and Mona Nemer's properties include the Sun Bar and Grill; Manny and Colette Nemer own Manny's Pub, Aroma Coffee and Tea and the building that houses Chopstix Restaurant. All the properties are on East Exchange Street or Spicer Street on the east edge of campus.
Joe and Manny Nemer are cousins.
The disputes over the Nemers' land have helped push the projected completion of the residence hall from December 2009 to August 2010.
Carol Biliczky can be reached at 330-996-3729 or cbiliczky@thebeaconjournal.com.
Summit County Probate Judge Bill Spicer is sending the University of Akron's unresolved eminent domain lawsuits to mediation.
Get the full article here.
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