One judge to hear all Walmart challenges
One judge will hear all four Walmart-related cases in Summit County Common Pleas Court.The lawsuits all center on the retailer’s plans to close its Walmart and Sam’s Club stores in Fairlawn and move west to a proposed 40-acre retail development on Rothrock Road in Copley Township. The cases have been assigned to Judge Alison McCarty, but they have not been consolidated into one. The judge will hold a pretrial hearing Wednesday morning on two of the cases – Kevin Woodman v. the city of Fairlawn and Copley Township v. the city of Fairlawn.Both lawsuits question whether Fairlawn has the right to install a gate system on Rothrock Road limiting traffic to just local residents. Copley officials say it is a county road and should be open for the general public since taxpayers paid for it and maintain it. Copley argues the partial closing to limit access to the southern portion of the road just west of Sawgrass Drive also affects residents of adjoining neighborhoods.Fairlawn officials contend the portion of Rothrock Road to be closed is within its boundaries and the gates will protect its residents from traffic generated by the development. The city says residents along with safety personnel and school bus drivers will be able to navigate through the gate.Zoning challengesThe remaining two cases involve challenges to Copley Township’s zoning laws.A lawsuit by Fairway Park Properties was filed against the developer, LRC Development Co., questioning whether the development fits the zoning requirement for the property.Another case involves the West Market Plaza Limited Partnership challenging the ability of the Summit County engineer and Planning Commission to evaluate the proposed development as a major subdivision and prevent Copley from issuing a zoning certificate.Copley officials say the area in question is zoned commercial and as long as the developer meets all of the zoning requirements, they must by law issue a zoning certificate for construction to start.Marilyn Miller can be reached at 330-996-3098 or mmiller@thebeaconjournal.com.
