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Nemers are embroiled in two trials over land
By Carol Biliczky
Beacon Journal staff writer
Published on Sunday, Jun 15, 2008
These might be the best of times and the worst of times for Manny Nemer.
The good news is that he and his cousin just won a $3.1 million judgment from the University of Akron over eminent domain.
The bad news is that the university is fighting to overturn the award or get a new trial.
With the status of the verdict in flux, the situation will get muddier still this week when Nemer faces the university in another eminent domain trial over other land he owns.
''This is too much for a guy like me, too much stress,'' Nemer said last week. ''There's too much going on.''
UA is suing Nemer and his wife, Colette, in Summit County Probate Court to acquire their land for a new residence hall next to a stadium that's already under construction.
Nemer has resisted selling his property — home to Aroma Coffee and Tea, Manny's Pub and Chopstix restaurant — because he wants more than the $1.048 million the university has
offered.
He declines to say how much he would accept. He said he would not shut the door to a more generous settlement even at this late date.
While a Probate Court jury gave Manny and Colette Nemer and Joe and Mona Nemer a sweeping victory in the first trial that ended June 2, their happiness was short-lived. Joe and Manny Nemer are cousins.
Within a week, UA had asked Judge William Spicer to set aside the two jury verdicts on the grounds that they were unreasonably high.
One award of $2.1 million was for two houses; a building that is home to Joe and Mona Nemer's business, the Sun Bar and Grill, and a rental tattoo parlor; and a warehouse.
The other award of $1 million was for a parking lot with about 50 spaces that is owned jointly by Joe and Manny Nemer. The cousins will split the award for the parking lot.
The stakes are high for the university. It already has used up the $5 million budget that it set aside to acquire land for the stadium and residence hall north of East Exchange and west of Spicer streets.
At the same time, negotiations with property owners and the two trials have cost the university time.
The stadium is on schedule for fall 2009, but the completion date for the 450-bed residence hall — crucial for UA as it seeks to expand from a commuter to a residential campus — has been pushed back from December 2009 to fall 2010.
Spicer will consider the university's request regarding the first trial and motions arising out of Manny and Colette Nemer's trial on Tuesday.
The court's decision to dedicate one day to issues arising from both trials led to the postponement of Manny Nemer's trial from Monday until Wednesday at the earliest, said Paula Haas, the court's judicial attorney.
Both Nemer families were among a small handful of businesses on Exchange Street that stood in the way of UA's expansion plans.
Attorney Warner Mendenhall said his clients Joe and Mona Nemer never wanted to sell their property. He said they would be happy if the university would let them continue to operate.
Manny Nemer said he felt the same way:
''If they leave me alone, I have no problem. I'd say thank you, it's been a pleasure. You do your thing and I'll do mine.''
Carol Biliczky can be reached at 330-996-3729 or cbiliczky@thebeaconjournal.com.
These might be the best of times and the worst of times for Manny Nemer.
Get the full article here.
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