Ganley: city left us no choice but to file lawsuit
By Jeff Gallatin
North Olmsted
Published Oct. 13, 2004

Attorneys representing the $2 million Ganley Volkswagen dealership proposal said city officials left them little choice but to seek legal action to try and get the rezoning for development for property at Lorain Road and Ranchview done.

"After the city took its last action, we really had little choice but to go ahead with legal action," said Jordan Berns, one of the attorneys for Ganley Real Estate Co., which filed the suit in September against the city of North Olmsted.

Berns declined to discuss specific legal strategy, citing the ongoing nature of the case. He said the suit, which was formally filed Sept. 14 in Common Pleas Court, had been contemplated by Ganley since council rejected by a 4-3 margin May 26 revising the current split zoning of the property. The proposal had drawn the opposition of many of the residents of the area, who said it would de-value their properties in addition to causing noise and congestion problems in the neighborhood.

"It was mostly a matter of getting things ready," Berns said of the timing of the suit. "I would imagine there are city officials who are not at all surprised by the action."

He said he couldn't say if there was any possibility of a settlement between the two parties since there have been no discussions between Ganley and city officials since the last city action was taken.

In the suit, Ganley alleges the city split zoning is unconstitutional and should be changed. It also asks the court to consider whether Ganley should receive financial compensation as a result of the city action.

Berns said Ganley officials still would like to go forward with development of the property, citing the fact that it seeks the proper permits for development from the city in the suit.

He said Ganley officials had tried to work with the city and the residents in the area, noting that there had been a series of meetings and two postponed city council votes on the proposal while the two sides tried to find a proposal that would work.

Meanwhile, North Olmsted Law Director Jim Dubelko said city insurers have already provided an attorney to work on the case with the city.

"We'll be working pretty closely together on it," Dubelko said. "We've already held one initial executive session with (city) council, the mayor and other officials to discuss possible legal strategy."

Dubelko declined to discuss specific legal strategy about the case at this point in the litigation.

"Right now, we're gathering information together for our answer to Ganley's initial filing," Dubelko said.

Court officials assigned the case to Common Pleas Judge Daniel Gaul, who said the city's response to Ganley's allegations must be filed by Oct. 25.

Both attorneys said they don't anticipate the matter being settled quickly.