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Photo of Summit Co

Court

Summit Co

Ohio

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Case Information

Filed 2024-04-05
Type Public Nuisance
Docket 153 entries
Disposition judgment

Parties

Plaintiff Summit County, Ohio Elliot Kolkovich, Pr
Defendant Akron Hotel Suites, Llc
Photo of Hon. CHRISTINE CROCE

Judge

Hon. CHRISTINE CROCE

Summit County (OH)

Ohio

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Lawyers

Docket Entries

  1. MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
  2. SUPERSEDEAS BOND $2,805,000.00 ** ORIGINAL BOND IN SAFE ROOM**
  3. CA-31514 APPELLANT MUST POST BOND IN THE AMOUNT OF $2,805,000.00 WITH THE CLERK OF THE TRIAL COURT WITHIN 20 DAYS OF JOURNALIZATION OF THIS ORDER. APPEAL JUDGE SCOTT STEVENSON
  4. THE MAGISTRATES DECISION GRANTING A STAY OF EXECUTION IS VACATED. DEFENDANT'S MOTION FOR STAY OF JUDGMENT IS DENIED. CC
  5. DEFENDANT'S SUPPLEMENTAL BRIEF OPPOSING PLAINTIFFS' OBJECTIONS TO MAGISTRATE'S DECISION
  6. DEFENDANT'S OPPOSITION TO PLAINTIFFS' OBJECTIONS TO MAGISTRATE'S DECISION
  7. PLAINTIFFS' OBJECTIONS TO MAGISTRATE'S DECISION
  8. Certificate of Mailing Service - Mailed ASHLEY HAWKINS
  9. Certificate of Mailing Service - Mailed SUMMIT COUNTY, OHIO ELLIOT KOLKOVICH, PR
  10. Certificate of Mailing Service - Mailed SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES
  11. Certificate of Mailing Service - Mailed NICHOLAS J HORRIGAN
  12. Certificate of Mailing Service - Mailed DANIEL DAVID EISENBREI
  13. Certificate of Mailing Service - Mailed AKRON HOTEL SUITES, LLC
  14. Certificate of Mailing Service - Mailed JOHN GALONSKI
  15. Certificate of Mailing Service - Mailed JOSEPH ROBERT SPOONSTER
  16. Certificate of Mailing Service - Mailed DONALD J MALARCIK
  17. Certificate of Mailing Service - Mailed SUMMIT COUNTY, OHIO ELLIOT KOLKOVICH, PR
  18. Certificate of Mailing Service - Mailed SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES
  19. Certificate of Mailing Service - Mailed NICHOLAS J HORRIGAN
  20. Certificate of Mailing Service - Mailed JOSEPH ROBERT SPOONSTER
  21. Certificate of Mailing Service - Mailed JOHN GALONSKI
  22. Certificate of Mailing Service - Mailed DONALD J MALARCIK
  23. Certificate of Mailing Service - Mailed DANIEL DAVID EISENBREI
  24. Certificate of Mailing Service - Mailed ASHLEY HAWKINS
  25. Certificate of Mailing Service - Mailed AKRON HOTEL SUITES, LLC
  26. BASED ON THE FOREGOING, DEFENDANT'S MOTION STAY OF JUDGMENT, TO WAIVE THE POSTING OF A BOND, AND FOR A HEARING IS DENIED TO THE EXTENT THAT DEFENDANT REQUESTS THAT NO BOND BE POSTED. HOWEVER, THE COURT GRANTS DEFENDANTS A STAY OF EXECUTION PENDING APPEAL UPON DEFENDANT 1) POSTING A BOND IN THE AMOUNT OF $500,000.00, AND 2) COMPLYING WITH THE AGREED ABATEMENT ORDER. THIS STAY SHALL GO INTO EFFECT AND BE BINDING UPON ALL PARTIES ONLY UPON BOTH OF THE FOLLOWING CONDITIONS BEING MET: 1) THE SUBMISSION BY DEFENDANT OF THE BOND AND ITS APPROVAL BY THE SUMMIT COUNTY CLERK OF COURTS, AND 2) COMPLIANCE WITH THE AGREED ABATEMENT ORDER. THE BOND MAY BE IN THE FORM OF CASH, CERTIFIED CHECK, OR SURETY AND SUBMITTED TO THE SUMMIT COUNTY CLERK OF COURT. SHOULD PLAINTIFFS BELIEVE THAT ONE OR BOTH OF THE CONDITIONS ARE UNMET, THEY MAY FILE ANY APPROPRIATE MOTION BEFORE THIS COURT INDICATING THE SAME, AND THE COURT WILL TAKE APPROPRIATE ACTION AT THAT TIME. MAGISTRATE KANDI S. O'CONNOR
  27. NOTICE ISSUED - CERTIFICATE OF MAILING SUMMIT COUNTY, OHIO ELLIOT KOLKOVICH, PR
  28. NOTICE ISSUED - CERTIFICATE OF MAILING SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES
  29. NOTICE ISSUED - CERTIFICATE OF MAILING HORRIGAN, NICHOLAS J
  30. NOTICE ISSUED - CERTIFICATE OF MAILING SPOONSTER, III, JOSEPH ROBERT
  31. NOTICE ISSUED - CERTIFICATE OF MAILING GALONSKI, JOHN
  32. NOTICE ISSUED - CERTIFICATE OF MAILING MALARCIK, DONALD J
  33. NOTICE ISSUED - CERTIFICATE OF MAILING EISENBREI, DANIEL DAVID
  34. NOTICE ISSUED - CERTIFICATE OF MAILING HAWKINS, ASHLEY
  35. NOTICE ISSUED - CERTIFICATE OF MAILING AKRON HOTEL SUITES, LLC
  36. NOTICE OF APPEARANCE OF ASSISTANT PROSECUTING ATTORNEY ASHLEY HAWKINS AS COUNSEL OF RECORD FOR SUMMIT COUNTY, OHI, ELLIOT KOLKOVICH, PROSECUTOR
  37. TRANSCRIPT OF PROCEEDINGS FILED 04/17/2025 VOLUME 2 OF 2
  38. TRANSCRIPT OF PROCEEDINGS FILED 04/17/2025 VOLUME 1 OF 2
  39. NOTICE OF INVENTORY
  40. MAGISTRATE'S ORDER. AN EVIDENTIARY HEARING ON DEFENDANTS MOTION TO STAY IS SCHEDULED FOR JUNE 20, 2025 AT 10:00 A.M. MAGISTRATE KANDI S. O'CONNOR
  41. ORDER GRANTING WITHDRAWAL. CC
  42. DEFENDANT'S REPLY IN SUPPORT OF ITS MOTION FOR STAY OF JUDGMENT, TO WAIVE THE POSTING OF A BOND, AND FOR A HEARING
  43. SIGNED PRAECIPE TO THE COURT REPORTER FILED - SIMS
  44. SIGNED PRAECIPE TO THE COURT REPORTER FILED - SIMS
  45. SIGNED PRAECIPE TO THE COURT REPORTER FILED - SIMS
  46. SIGNED PRAECIPE TO THE COURT REPORTER FILED - SIMS
  47. SIGNED PRAECIPE TO THE COURT REPORTER FILED - SIMS
  48. SIGNED PRAECIPE TO THE COURT REPORTER FILED - SIMS
  49. SIGNED PRAECIPE TO THE COURT REPORTER FILED - SIMS
  50. SIGNED PRAECIPE TO THE COURT REPORTER FILED - SIMS
  51. MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT AKRON HOTEL SUITES, LLC
  52. (CA-31514) EXHIBIT LIST
  53. SIGNED PRAECIPE TO COURT REPORTER
  54. OPPOSITION TO DEFENDANT'S MOTION FOR STAY
  55. STIPULATION OF THE PARTIES
  56. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS (N/A)
  57. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS (N/A)
  58. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS (N/A)
  59. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS (N/A)
  60. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS (N/A)
  61. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS (N/A)
  62. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS (N/A)
  63. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS (N/A)
  64. DEFENDANT'S MOTION FOR STAY OF JUDGMENT, TO WAIVE THE POSTING OF A BOND, AND FOR A HEARING
  65. PRAECIPE TO COURT REPORTER FOR TRANSCRIPT OF PROCEEDINGS
  66. CA-31514 NOTICE OF APPEAL FILED
  67. CA-31514 COURT OF APPEALS DOCKETING STATEMENT FILED
  68. MAGISTRATE ASSIGNMENT. ALL MOTIONS, CORRESPONDENCE, ORDERS AND REQUESTS SHALL BE DIRECTED TO THE MAGISTRATE. CC
  69. NOTICE OF APPEARANCE OF ATTORNEYS DONALD J. MALARCIK AND DANIEL D EISENBREI AS COUNSEL FOR DEFENDANT AKRON HOTEL SUITES LLC. ATTORNEY DANIEL D EISENBREI IS REPLACING ATTORNEY CHRISTOPHER FINNEY
  70. MOTION FOR EX-PARTE RESTRAINING ORDER
  71. PROOF OF SERVICE
  72. Certificate of Mailing Service - Mailed DIANE REYNE GUZZO
  73. Certificate of Mailing Service - Mailed LINDA M MALEK
  74. Certificate of Mailing Service - Mailed CHRISTOPHER VOGT
  75. ORDER GRANTING WITHDRAWAL. THIS MATTER IS BEFORE THE COURT UPON THE MOTION TO WITHDRAW FILED BY ATTORNEYS DIANE GUZZO, LINDA MALEK AND CHRIS VOGT. SAID ATTORNEYS SEEK TO WITHDRAW AS COUNSEL FOR DEFENDANT IN THIS MATTER. UPON DUE CONSIDERATION, THE COURT FINDS THE MOTION WELL TAKEN AND THE SAME IS GRANTED. CC
  76. Certificate of Mailing Service - Mailed LINDA M MALEK
  77. Certificate of Mailing Service - Mailed DIANE REYNE GUZZO
  78. Certificate of Mailing Service - Mailed CHRISTOPHER VOGT
  79. NOTICE ISSUED - CERTIFICATE OF MAILING MALEK, LINDA M
  80. NOTICE ISSUED - CERTIFICATE OF MAILING GUZZO, DIANE REYNE
  81. NOTICE ISSUED - CERTIFICATE OF MAILING VOGT, CHRISTOPHER
  82. Certificate of Mailing Service - Mailed SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES
  83. Certificate of Mailing Service - Mailed CHRISTOPHER PAUL FINNEY
  84. Certificate of Mailing Service - Mailed AKRON HOTEL SUITES, LLC
  85. Certificate of Mailing Service - Mailed JOSEPH ROBERT SPOONSTER
  86. Certificate of Mailing Service - Mailed JOHN GALONSKI
  87. Certificate of Mailing Service - Mailed SUMMIT COUNTY, OHIO ELLIOT KOLKOVICH, PR
  88. Certificate of Mailing Service - Mailed CHRISTOPHER VOGT
  89. Certificate of Mailing Service - Mailed NICHOLAS J HORRIGAN
  90. Certificate of Mailing Service - Mailed DIANE REYNE GUZZO
  91. Certificate of Mailing Service - Mailed SUMMIT COUNTY, OHIO ELLIOT KOLKOVICH, PR
  92. Certificate of Mailing Service - Mailed SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES
  93. Certificate of Mailing Service - Mailed NICHOLAS J HORRIGAN
  94. Certificate of Mailing Service - Mailed JOSEPH ROBERT SPOONSTER
  95. Certificate of Mailing Service - Mailed JOHN GALONSKI
  96. Certificate of Mailing Service - Mailed DIANE REYNE GUZZO
  97. Certificate of Mailing Service - Mailed CHRISTOPHER PAUL FINNEY
  98. Certificate of Mailing Service - Mailed CHRISTOPHER VOGT
  99. Certificate of Mailing Service - Mailed AKRON HOTEL SUITES, LLC
  100. F.A.O. NOTICES ISSUED BY REGULAR MAIL. SUMMIT COUNTY, OHIO ELLIOT KOLKOVICH, PR
  101. F.A.O. NOTICES ISSUED BY REGULAR MAIL. SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES
  102. F.A.O. NOTICES ISSUED BY REGULAR MAIL. HORRIGAN, NICHOLAS J
  103. F.A.O. NOTICES ISSUED BY REGULAR MAIL. SPOONSTER, III, JOSEPH ROBERT
  104. F.A.O. NOTICES ISSUED BY REGULAR MAIL. GALONSKI, JOHN
  105. F.A.O. NOTICES ISSUED BY REGULAR MAIL. GUZZO, DIANE REYNE
  106. F.A.O. NOTICES ISSUED BY REGULAR MAIL. FINNEY, CHRISTOPHER PAUL
  107. F.A.O. NOTICES ISSUED BY REGULAR MAIL. VOGT, CHRISTOPHER
  108. F.A.O. NOTICES ISSUED BY REGULAR MAIL. AKRON HOTEL SUITES, LLC
  109. THE COURT HAS REVIEWED THE MOTION AND DEFENDANT'S MEMORANDUM IN OPPOSITIONHAVING CONSIDERED THE MOTION, AND ACCOPANYING AFFIDAVIT. HAVING CONSIDERED THE MOTION, MEMORANDUM IN OPPOSITION, TESTIMONY AND EXHIBITS PRESENTED AT THE HEARING AND THE WRITTEN CLOSING ARGUMENTS OF BOTH PARTIES, THE COURT FINDS THAT AHS OPERATION OF THE HOTEL PROPERTY CONSTITUTES A PUBLIC NUISANCE IN VIOLATION OF O.R.C. 3767 ET SEQ. AND THE ABATEMENT ORDER. FOR FURTHER INFORMATION SEE COURT RULINGS 1-6. ANY OUTSTANDING COSTS HEREIN ARE ASSESSED TO DEFENDANT. THIS IS A FINAL APPEALABLE ORDER. CC
  110. PLAINTIFF'S CLOSING ARGUMENT
  111. DEFENDANT'S CLOSING ARGUMENTS IN OPPOSITION TO PLAINTIFFS' VERIFIED MOTION TO SHOW CAUSE
  112. DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' VERIFIED MOTION TO SHOW CAUSE
  113. AFFIDAVIT OF AYAD ABRO IN SUPPORT OF DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' VERIFIED MO
  114. DEFENDANT AKRON HOTEL SUITES, LLC SHALL HAVE AN ADDITIONAL 14 DAYS UP TO AND APRIL 9, 2025 IN WHICH TO RESPOND TO PLAINTIFF'S VERIFIED MOTION TO SHOW CAUSE. CC
  115. MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S VERIFIED MOTION TO SHOW CAUSE
  116. NOTICE OF APPEARANCE OF ATTORNEYS CHRISTOPHER P. FINNEY AND J. ANDREW GRAY AS COUNSEL FOR DEFENDANT AKRON HOTEL SUITES LLC. ATTORNEYS CHRISTOPHER P. FINNEY AND J. ANDREW GRAY ARE REPLACING ATTORNEY LINDA MALEK.
  117. Certificate of Mailing Service - Mailed AKRON HOTEL SUITES, LLC
  118. Certificate of Mailing Service - Mailed AKRON HOTEL SUITES, LLC
  119. Certificate of Mailing Service - Mailed AKRON HOTEL SUITES, LLC
  120. Certificate of Mailing Service - Mailed AKRON HOTEL SUITES, LLC
  121. NOTICE ISSUED - CERTIFICATE OF MAILING AKRON HOTEL SUITES, LLC
  122. UPON REVIEW OF PLAINTIFF'S MOTION, DEFENDANT AKRON HOTEL SUITES LLC SHALL APPEAR BEFORE THE COURT ON APRIL 17, 2025 AT 1:00 P.M. AND SHOW CAUSE WHY IT SHOULD NOT BE HELD IN CONTEMPT FOR FAILING TO COMPLY WITH THE PROVISIONS OF THE AGREED ABATEMENT ORDER ISSUED HEREIN ON APRIL 26, 2024. THIS IS AN IN-PERSON HEARING. NO REQUEST FOR CONTINUANCE OF THIS HEARING WILL BE CONSIDERED. ALSO BEFORE THE COURT IS THE MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT SUBMITTED BY ATTORNEYS LINDA MALEK AND CHRIS VOGT, MALEK LAW FIRM LLC AND ATTORNEY DIANE GUZZO. THE COURT WILL CONSIDER THE MOTION AT THE HEARING SCHEDULED ON APRIL 17, 2025 AT 1:00 P.M. CC
  123. NOTICE ISSUED - CERTIFICATE OF MAILING AKRON HOTEL SUITES, LLC
  124. RESPONSE TO OBJECTION TO ATTORNEY WITHDRAWAL
  125. LIMITED OBJECTION TO MOTION TO WITHDRAW
  126. MOTION TO WITHDRAW AS COUNSEL
  127. VERIFIED MOTION TO SHOW CAUSE; REQUEST FOR EXPEDITED HEARING
  128. Regular Mail Service - Mailed SUMMIT COUNTY, OHIO ELLIOT KOLKOVICH, PR
  129. Regular Mail Service - Mailed SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES
  130. Regular Mail Service - Mailed NICHOLAS J HORRIGAN
  131. Regular Mail Service - Mailed LINDA M MALEK
  132. Regular Mail Service - Mailed JOSEPH ROBERT SPOONSTER
  133. Regular Mail Service - Mailed JOHN GALONSKI
  134. Regular Mail Service - Mailed DIANE REYNE GUZZO
  135. Regular Mail Service - Mailed CHRISTOPHER VOGT
  136. Regular Mail Service - Mailed AKRON HOTEL SUITES, LLC
  137. NOTICE ISSUED SUMMIT COUNTY, OHIO ELLIOT KOLKOVICH, PR
  138. NOTICE ISSUED SPRINGFIELD TOWNSHIP BOARD OF TRUSTEES
  139. NOTICE ISSUED HORRIGAN, NICHOLAS J
  140. NOTICE ISSUED MALEK, LINDA M
  141. NOTICE ISSUED SPOONSTER, III, JOSEPH ROBERT
  142. NOTICE ISSUED GALONSKI, JOHN
  143. NOTICE ISSUED GUZZO, DIANE REYNE
  144. NOTICE ISSUED VOGT, CHRISTOPHER
  145. NOTICE ISSUED AKRON HOTEL SUITES, LLC
  146. AGREED ABATEMENT ORDER. THIS AGREED ORDER SHALL BE SUBJECT TO COURT REVIEW AT THE EXPIRATION OF 18 MONTHS AND SHALL TERMINATE IN 3 YEARS UNLESS GOOD CAUSE IS SHOWN FOR A FURTHER EXTENSION. COURT COSTS OF THESE PROCEEDINGS TO THE DEFENDANT. CC
  147. Certified Mail Service - Served AKRON HOTEL SUITES, LLC
  148. NOTICE OF APPEARANCE OF ATTORNEY DIANE R GUZZO AS CO-COUNSEL FOR THE DEFENDANT AKRON HOTEL SUITES, LLC
  149. NOTICE OF APPEARANCE OF ATTORNEY'S LINDA MALEK AND CHRIS VOGT AS COUNSEL FOR DEFENDANT, AKRON HOTEL SUITES
  150. PLAINTIFFS' MOTION FOR A TEMPORARY INJUNCTION SHALL COME FOR HEARING BEFORE THE COURT ON APRIL 17, 2024 AT 9:00 A.M. CC
  151. SUMMONS ISSUED BY CERTIFIED MAIL BY Certified Mail AKRON HOTEL SUITES, LLC
  152. CIVIL COMPLAINT FILED
  153. INSTRUCTIONS TO CLERK FOR SERVICE

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