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UA will appeal $3 million tag on land deal

Property's owner says, 'They're stealing this bar away from me'

By Carol Biliczky
Beacon Journal staff writer

Published on Wednesday, Jun 11, 2008

The University of Akron is challenging a jury verdict that ordered it to pay more than $3 million for property it needs to build a residence hall.

Frederick Lombardi, the attorney for UA, on Tuesday filed a motion for a new trial or for Summit County Probate Court Judge Bill Spicer to override the jury's verdict.

''How can this happen in the United States of America?'' said Joe Nemer, the principal winner of the judgment. ''They're stealing this bar away from me.''

On June 3, a probate court jury awarded Nemer and his wife, Mona, $2.1 million for
two homes, a building that houses their Joe's Sun Bar and Grill and a rental tattoo parlor, and a warehouse at East Exchange and Spicer streets.

The jury also set the purchase price of a nearby parking lot with about 50 spaces at $1 million. The lot is jointly owned by the Nemers and Joe's cousin Manny and his wife, Colette, so the two couples will split the award.

UA spokesman Ken Torisky said the university is trying to ''keep all of its options open.'' He declined to comment further.

The university has been negotiating with Joe and Mona Nemer since last fall to acquire their property. When an agreement couldn't be reached, the university sought to take the Copley Township couple's land by eminent domain. The five-day trial before Spicer ended with victory for the Nemers.

But university officials believe they are being required to pay too much for the property.

In his motion, Lombardi complained that the jury's verdict of $3.1 million was $1.75 million more than the highest qualified appraisals obtained by the university.

Lombardi also maintained that the judge improperly allowed Bob Smith, an Akron real estate broker, to testify about appraisals.

Smith compared the Nemers' property to land between Main and High streets in downtown Akron purchased by Martin Mehall's Exchange Street Associates. Mehall's company is in the process of building private apartments there to house 400 to 450 students.

Smith testified that Mehall paid $4.25 million, or $109 per square foot, for the property that formerly housed Brubaker's Pub and Jillian's restaurant.

The university argued that Mehall had testified in a deposition that he would not have bought that land if he hadn't been able to acquire two other parcels on the block that didn't share the restaurants' prime location on Main Street. The three parcels all together cost $4.7 million, or $50 per square foot.

Lombardi, the UA attorney, also argued in his motion that Smith's testimony and the judge's closing statement to the eight-person jury ''resulted in a grossly excessive jury verdict'' of about $85 per square foot for the Nemers' property.

Warner Mendenhall, the Nemers' attorney, said what the jury did was consider the amount that Mehall paid for the most advantageous property on Main Street and adjust it to reflect the lower property values near the university.

''We argued that the university was buying this for land and the land value was high and the jury took that and ran with it,'' Mendenhall said.

According to Summit County property tax records, either valuation — $109 or $50 per square foot — was more than other property owners received from UA.

Harry Jackson, owner of the Odd Corner, received $44 per square foot; Don and Pat Mangan, who owned two rental houses, got almost $17 per square foot; and Fred Fanning, owner of five rental houses, got $22 per square foot.

The court is waiting for a response from the Nemers and will rule on the university's motion after that. That will take at least two weeks, a court spokeswoman said.

In the meantime, the university is preparing to face Manny and Colette Nemer in Summit County Probate Count on Monday in a similar eminent domain lawsuit for their property, which includes Manny's Pub and Aroma Coffee and Tea.

University officials have said they set aside $5 million to buy property for the residence hall and a neighboring stadium, already in progress, but used that up before the Nemers' verdict.

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

The University of Akron is challenging a jury verdict that ordered it to pay more than $3 million for property it needs to build a residence hall.

Get the full article here.


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