New Aurora Health sues township over zoning decision

by Laura Bednar

After the Sagamore Hills Board of Zoning Appeals voted to uphold the zoning inspector’s denial of an occupancy permit at 997 W. Aurora Rd. for New Aurora Health, the company, along with the property owner Investments at Barnett, sued the township.

The board of zoning appeals’ decision was made in February, but New Aurora was not able to complete the lawsuit until the meeting minutes were approved, which occurred in July, according to Sagamore Hills’ attorney Jeff Snell.

The township, each of the trustees and the zoning inspector were named in the suit, and they were served notice in August. The case is currently in the Summit County Court of Common Pleas.

The civil complaint filed by New Aurora attorney Al Schrader said that the company’s application was for “medical office/mental health substance abuse treatment center.”

Zoning Inspector Ray Fantozzi’s decision for denying the occupancy permit was because that use did not fall within the permitted uses in the township’s zoning resolution.

The property was previously home to Elmcroft Assisted Living facility. During the February board of zoning appeals meeting, Schrader stated that the assisted living facility and the proposed medical office/substance abuse treatment center were both medical uses and therefore, the new use should be permitted.

Snell explained that there is no new evidence being presented. Documents from both sides are requested for the judge overseeing the case to determine if there was an error in the law and if New Aurora is permitted to operate its facility under the township zoning code.

At the end of August, Sagamore Hills was in the process of choosing legal counsel to represent the township. The township obtains counsel using an insurance carrier that will reimburse the costs incurred.

Snell said a decision from the court of common pleas will take several months, not expecting a decision until 2025. If the board of zoning appeals’ decision stands, New Aurora could appeal the decision to the Ninth District Court of Appeals, which covers Summit, Wayne, Lorain and Medina counties. If the judge rules in favor of New Aurora, Sagamore Hills could also appeal the decision through the same court.

According to the Summit County Clerk of Courts case filing, as of Aug. 22, the case was transferred from Judge Kathryn Michael to Judge Mary Margaret Rowlands. ∞