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Lawsuits could slow UA work

Stadium, residence hall construction progress hinges on resolutions

By Carol Biliczky
Beacon Journal staff writer

University of Akron officials hope to keep to their schedule and break ground for a new stadium and residence hall in January.

But that could hinge on the progress of four lawsuits that the university has filed to take residential and commercial property by eminent domain. Two jury trials have been scheduled for January and two for March.

With groundbreaking already delayed one month earlier this year, further delays will cut even more into the construction timeline of almost two years.

UA spokesman Paul Herold said the university was ''cautiously optimistic'' that it could stay on course.

''We have not completed an analysis on how much of the
work we can do without owning all the property,'' he said. ''Is it possible it would come to a point that some outstanding properties would hold us up? Yes. Do we think it's highly likely? We think we can move forward.''

The university filed six lawsuits in October in Summit County Probate Court to take some houses and businesses by eminent domain for a $55 million stadium and $32.5 million residence hall in the southeast corner of campus and west of state Route 8.

Two of the six lawsuits since have been settled.

Donald Mangan of Kent agreed to sell two homes on Spicer street for $308,500 and Tamas Esterhazy of Silver Lake agreed to sell two properties on Nash Street for $210,000.

Both agreements will be reviewed Dec. 17 by the Ohio Controlling Board, the state agency that provides oversight of expenditures by public agencies, including universities.

Herold said the university is continuing to negotiate with the four remaining property owners in an attempt to avoid trials.

They are Manny Nemer, who owns the buildings housing Aroma Coffee and Tea, Chopstix restaurant and Manny's Pub on East Exchange; his cousin Joseph Nemer, who owns the Sun Bar and Grille on East Exchange; the Odd Corner store at Brown and East Exchange, owned by Harry Jackson; and four homes owned by Fred Fanning on East Exchange and Nash streets.

If the university can't reach agreements with those owners by January, it still might be able to do some site work that month, Herold said. It could knock down the four residence halls it owns on the project footprint and buildings on dozens of other properties that it has purchased.

''The question is, at what point are we going to be able to go forward on the whole project?'' Herold said.

Another potential roadblock is an investigation by the Ohio Ethics Commission into a home that the university purchased for the project from a trustee's son.

The father, Jack Morrison, and the university asked for the investigation to demonstrate they did nothing wrong in buying Jack Morrison Jr.'s rental home at 334 Spicer St., which is on the 12-acre project footprint.

The university agreed to pay $110,000 for the 108-year-old home, more than 40 percent more than the younger Morrison paid for it the year before.

David Freel, executive director of the Ethics Commission, suggested the university delay the closing on the Morrison property until his commission completes its investigation. If the university did violate any laws, the sale would be nullified, he said.

''The investigation is active. We have asked them for a ton of documents and are setting up interviews,'' he said.

He said he did not know when the commission would conclude its investigation. He declined to comment further.

Plans are to open the new stadium for football in the fall of 2009, replacing the aging Rubber Bowl several miles away. The new, apartment-style residence hall for 470 students is scheduled to be finished in December 2009.


Carol Biliczky can be reached at 330-996-3729 or cbiliczky@thebeaconjournal.com.

University of Akron officials hope to keep to their schedule and break ground for a new stadium and residence hall in January.

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