State asked to review purchase
By Jennifer Mitchell
Rocky River
Published August 2, 2006

Kory Koran

Despite a recent investigation by city Law Director Andrew Bemer clearing Kory Koran, the city’s economic development director, of any wrongdoing in a recent property purchase, Bemer said Friday the case will be sent to the Ohio Ethics Commission for additional review.

Koran paid $150,000 in May for the 1,750-square-foot vacant Doruntina’s Deli on Lake Road. In 2004, the man who sold it to him, Hidajet Jasarevie, paid $400,000.

Though public record, the purchase came under public scrutiny following a July 11 Plain Dealer article, “Official’s property purchase raises conflict issue: Rocky River mayor considers restrictions.”

Rather than considering restrictions, Mayor Pamela Bobst said that state law already covered such issues. She asked Bemer to investigate whether Koran had violated that law and used his office to gain inside information for the purchase.

Ohio ethics law forbids employees and elected and appointed officials to personally benefit by inside information gleaned through their position.

Bemer’s investigation shows that the property was listed at $175,000 in Dec. 2005. Koran didn’t purchase it until May.

Prior to Koran’s property bid of $150,000, real estate agent Brian Kirk, with Remax Pro of Westlake, said another party was going to pay the same amount for the property, but was unable to secure funding and the deal was dissolved.

According to Kirk, former deli owner Jasarevie was selling at a discount in order to liquidate his holdings and return to Bosnia, and has since done that.

Bemer said the sale price reached by the seller and Koran was done at arms’ length and at a fair and reasonable price.

However, Bemer said he learned Thursday from The Plain Dealer that Rocky River resident Frank Mills had allegedly expressed an interest in the property to Koran last fall, with the idea of possibly turning it into a wine bar or an ice cream parlor. Bemer said he was told that Koran informed Mills that there may be some zoning issues. West Life could not reach Mills for comment.

Bemer said Friday that the deli property is zoned residential. For at least 50 years, it has operated under a “nonconforming use.”

In such cases, Bemer said that the original nonconforming use must be maintained on an “ongoing basis” or the property could legally revert to its zoning status.

Bemer said that as he understands it, Mills took Koran’s mention of zoning issues as “discouraging the purchase.”

The law director also said that apparently there was a communication gap, because while Mills got in touch with the newspaper, he never contacted the city with his concerns.

Mills alleged interest, combined with a need by city officials to maintain public trust, prompted the decision late Thursday to turn the case over to the state Ethics Commission.

City Council President Brian Hagan said Friday that Bemer was independently elected by voters, not appointed to his position, so his investigation can be considered independent. But having the state review the purchase allows city voters an outside opinion even further removed from the situation, he added.

Bemer said that even with the new information, he doubts that the Ethics Commission will find any wrongdoing, as Mills’ never pursued a purchase and Koran’s bid for the property came several months later.

Previous West Life articles:

• City clears Koran of wrongdoing
• Spotlight on Koran purchase