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Owners of Sun Bar, other properties to get about $2.6 million in dispute over fair market value
By Carol Biliczky
Beacon Journal staff writer
Published on Wednesday, Jun 04, 2008
A jury deliberated just 90 minutes Tuesday before ordering the University of Akron to pay Joe and Mona Nemer $2.107 million for their four properties — almost double the $1.18 million UA had offered.
The jury also gave the Copley Township couple another $500,000 and Joe's cousin, Manny Nemer, and his wife, Colette, $500,000 for a parking lot they own jointly — more than five times the $175,000 that UA had offered.
In all, Joe and Mona Nemer will get about $2.6 million, close to the ''three-million something'' that Mona Nemer said they deserved to be paid for losing their land and business they'd worked decades to build.
''We are very thrilled,'' said attorney Warner Mendenhall, who represented Joe and Mona Nemer.
''This is a very fair verdict for our clients. This will enable them to relocate and rebuild their business and build a legacy for their son.''
Under Ohio law, public entities can seize private property for a public purpose, but must pay a fair market value for the land. The price of the properties, not the university's need for them, was the issue before the court.
UA spokesman Ken Torisky declined to comment. He said no decision has been made about an appeal.
The five-day trial in Summit County Probate Court pitted the Lebanese-born businessman and his wife against the university before Judge Bill Spicer and a jury of seven women and one man.
The Nemers were among several property owners that UA sued last fall in
Summit County Probate Court to acquire land for a new stadium to replace the aging Rubber Bowl and for a nearby residence hall. Both projects are on East Exchange and Spicer streets, just west of state Route 8.
Most property owners settled with the university, which got at least two appraisals on every property. Many property owners owned modest homes built at the turn of the 20th century that they rented to students.
But Joe and Mona Nemer and Manny and Colette Nemer held out for higher prices for their neighboring businesses on the so-called Zip Strip, whose bars and restaurants cater to UA students.
Joe and Mona Nemer own the Sun Bar and Grille; Manny and Colette Nemer, Aroma Coffee and Tea and Manny's Pub. Both couples also leased space to other businesses.
All of their properties are on the site for the apartment-style residence hall for 450 students.
The only other property owner to be sued by UA in Probate Court did far worse than Joe and Mona Nemer.
Donald Mangan and his wife, Patrice, of Kent, received $315,350 for their two rental homes when they went to court earlier this year, which was what the university had offered.
Manny and Colette Nemer, who live in Fairlawn, will argue in court June 16 that their businesses are worth more than the university has offered.
Mendenhall said his clients, Joe and Mona Nemer, may relocate their bar and restaurant to downtown Akron or the Highland Square neighborhood.
Carol Biliczky can be reached at 330-996-3729 or cbiliczky@thebeaconjournal.com.
A jury deliberated just 90 minutes Tuesday before ordering the University of Akron to pay Joe and Mona Nemer $2.107 million for their four properties — almost double the $1.18 million UA had offered.
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