Schedule to be set for New Aurora lawsuit

by Laura Bednar

The next step in a lawsuit against Sagamore Hills Township by New Aurora Health and property owner Investments at Barnett is a case management conference Nov. 19, according to the Summit County Clerk of Courts website.

The lawsuit, filed in August, was a response to the Sagamore Hills Board of Zoning Appeals’ decision to uphold the township zoning inspector’s denial of an occupancy permit at 997 W. Aurora Rd. New Aurora attorney Al Schrader said the company’s application was for “medical office/mental health substance abuse treatment center.”

Zoning Inspector Ray Fantozzi denied a permit because he said the use was not permitted under township zoning.

Sagamore Hills, Fantozzi, and each of the three township trustees are defendants in the suit and are represented by legal firm Mazanec, Raskin & Ryder Co., LPA. The township was given until Oct. 16 to file an answer to the complaint. On Oct. 16, the board of zoning appeals met to adopt findings of fact.

Township attorney Jeff Snell said board members reviewed the transcript and documents from the February BZA hearing in which they upheld Fantozzi’s decision to explain what factual information they used to make their decision. This finding of fact, along with a transcript of the hearing and any related documents, were made part of the township’s answer to the complaints in the lawsuit.

In the upcoming case management conference, judge Mary Margaret Rowlands will meet with the plaintiffs, defendants and legal counsel to determine a timeline for the case before trial date is set. ∞