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Judge expected to decide this week; jury awarded families $3.1 million
By Carol Biliczky
Beacon Journal staff writer
Published on Sunday, Jun 22, 2008
Summit County Probate Court Judge William Spicer is likely to rule this week on motions regarding the University of Akron's efforts to acquire the land of two families by eminent domain.
Spicer heard arguments last week by Frederick Lombardi, the attorney for the university, who challenged a jury verdict that UA pay $3.1 million to Joseph and Mona Nemer and Manny and Colette Nemer for their properties on East Exchange Street.
The university is asking for a new trial or for the judge to reduce the jury award of $2.1 million to Joe and Mona Nemer and $1 million for a parking lot that is jointly owned by the two families and would be split between them.
The university is seeking the Nemer families' land — home now to Manny's Bar, Aroma Coffee & Tea, the Sun Bar and Grill and a warehouse that once housed a marble factory — to build a 450-bed residence hall.
Last week, according to Warren Mendenhall, the attorney for Joe and Mona Nemer, a university attorney told him that UA would walk away from the purchase of his clients' property rather than pay $3.1 million.
The university thought it would spend $5 million to acquire the property it needed for a stadium and a residence hall and already is over that, Ted Curtis, vice president for capital planning and facilities management, has said in the past.
UA spokesman Ken Torisky had no comment Friday about any university offers to quell the continuing dispute.
''We're still waiting for the (judge's) decision,'' he said. ''The answer has to be no comment. We haven't made any decisions.''
In other motions, Mendenhall asked the judge to dismiss the university's efforts to acquire Joe and Mona Nemer's land by eminent domain.
The motions' hearing delayed a jury trial over property owned by Manny and Colette Nemer that is down the street from Joe and Mona Nemer's property. Joe and Manny Nemer are cousins.
In his ruling, the judge will set a new court date for Manny and Colette Nemer, a spokeswoman said.
Carol Biliczky can be reached at 330-996-3729 or cbiliczky@thebeaconjournal.com.
Summit County Probate Court Judge William Spicer is likely to rule this week on motions regarding the University of Akron's efforts to acquire the land of two families by eminent domain.
Get the full article here.
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