Copley Attorney: Fairlawn at War with Copley & Rothrock is a Battle

Jacob Pollack's attorney in the closure case says the only reason Fairlawn wants to close the road right now is to win a battle in an existing war.

Opening statements in the case were given by Pollack's attorney Tim Duff, Copley's attorney Irv Sugerman and Fairlawn's attorney Stephen Funk Friday afternoon.

The Corporation plans to build a 300,000-square foot complex that includes a super center with groceries and a Sam's Club with a gas station on Rothrock Road.

To protect its housing stock in the area, Fairlawn's Mayor William Roth and city council voted to close off a portion of Rothrock Road at Sawgrass drive to stop through traffic in the area and to keep the noise down.

But Duff wondered "Why now?"

"There's no construction or anything going on right now," Duff said. "So why does the road have to be closed right now? The only reason is because there's a war between Copley and Fairlawn and this is just a battle."

Duff said Roth and Rosemont Commons developer Stark Enterprises are in cahoots to thwart Walmart's plan to leave the plaza.

"Fairlawn and Stark Enterprises filed an appeal with the Environmental Review Appeals Commission to stop the relocation," Duff said. "Stark Enterprises agreed to pay for that litigation."

Duff added, "Like any scheme, the evidence showing a collaboration between Stark Enterprises and Fairlawn is like a mosaic. With one piece of evidence it's not apparent, but if you step back and take a look at the whole thing, the story becomes very clear."

Fairlawn's attorney, Stephen Funk, said there is no war between Copley and Fairlawn and that Fairlawn's City Council acted in good faith the close the road.

"The goal of protecting the tranquility of residential areas is a legitimate goal," Funk said. "Fairlawn City Council reviewed a number of traffic impact studies and reasonably acted to protect its surrounding residents."

Copley Township attorney Irv Sugerman brought up the point that Rothrock Road, despite the Ohio Department of Transportation's classification, is a principal highway that is used as a thru-way. Fairlawn denies that fact and sticks to ODOT's classification, which is that Rothrock is an Urban Local Road.

But in the past, Sugerman points out, Fairlawn has classified Rothrock Road as a principal highway in order to get funding from the state and county to repair it.

"In 1993 and 1994, the city of Fairlawn wrote a letter to the state asking for money to repair this road, saying it's a major access road into a major retail and commercial area. Ingress and egress is difficult due to the bad condition of road," Sugerman said. "These are the words Fairlawn used to describe Rothrock Road. When they saw fit, it was a major highway. Now they don't see it that way."

When the city was awarded that funding, a stipulation of using the money was that it had to be used to repair roads that were necessary for flow of traffic, Sugerman said. "Fairlawn designated West Market Street, Miller Road and Rothroth Road as the three roads necessary for the flow of traffic." 

Funk did not dispute this fact but said the road has far less traffic than West Market and closing it is the best interest for all the stakeholders involved.

"The principal highway argument is meritless," Funk said. "Rothrock Road is a local road and lightly traveled and it does not come close to constituting a principal highway."

The first testimony in the case came from Fairlawn's Deputy Service Director Ernie Staten. Duff and Sugerman questioned him about the proposed gate Fairlawn wants to install at Rosemont Boulevard to allow only emergency vehicles entrance. Sugerman also questioned Staten about the change in road barriers from concrete to water-filled barriers.

Staten admitted he didn't consult Copley fire or police officials about the change in barrier but that the change was recommended by the city's consultants.

*Editor's Note: The case continues Monday at 9:30 a.m. I'll set up another live feed for you to follow along each day of the trial.