Bedfordtimesregister.com - Humane society could be key to settling town hall suits

by Andrew Schunk
Twinsburg Bulletin Editor
Twinsburg Township — Trustees and the Summit County Port Authority, involved in a more than $4.4 million breach-of-lease complaint and related countersuit involving the township’s former headquarters on Darrow Road, have agreed to talk with the Humane Society of Greater Akron about selling or leasing the group the 69,000-square-foot vacant building for a new headquarters.
“Whether or not this could lead to a possible resolution of the [civil] case is unclear at this time,” said SCPA attorney Stephen Funk May 29. “But if there is a sale, it could mitigate [any] possible damages in the case. If there is no sale, then [the talks] may be irrelevant.”
According to Funk, of Akron-based Roetzel and Andress, the agreement allows a three-week window for discussion about the possible sale of the building, which is owned by the SCPA and has been appraised at $3.4 million, without the talks being used against either party in the civil litigation. The humane society is not involved in the breach-of-lease complaint, and the discussion window expires June 12.
“This allows for free and open discussions without [the talks] prejudicing either party in the future,” said township manager Rob Kagler.
Funk called any possible mitigation of damages — neither Funk, SCPA Executive Director Chris Burnham nor township officials would comment on how much of the $4.4 million being sought by the SCPA could be reduced with a sale of the building — “of interest to both parties.”
“If we’re able to fill a vacant building, get the Summit County Port Authority a tenant and bring a business into the township, those are all good things,” said Township Trustee Tom Schmidt.
“Tax dollars are precious,” said Trustee Carol Gasper. “If we can work together, this could be a very good thing for all parties.”
Humane society officials say the township’s former headquarters may be too large for their needs, but confirmed they are looking at all options for a new headquarters.
The society’s office is in Peninsula, and the lease for its current facility expires in January 2010, according to the society’s Executive Director Karen Conklin.
“[The Darrow Road building] has a lot more space than we initially thought,” Conklin said June 1. “But there are a lot of wonderful possibilities for us there ... We are doing our due diligence to look in all directions.”
Conklin said the humane society owns land in Cuyahoga Falls, and is looking at building from the ground-up there — but that doing so may be more cost-prohibitive than leasing or purchasing space in an existing structure.
The society currently houses about 400 animals, Conklin said, and “has greatly outgrown” its Peninsula facility.
According to Kagler, the Darrow Road facility would have to be rezoned if the humane society purchased or leased space there.
A $4.4 million civil complaint, filed Nov. 24, 2008, in Summit County Court of Common Pleas, states that the township has “wrongfully breached” its “valid written contract.” Trustees voted in January to stop making lease payments on a 20-year, $5.59 million lease agreement the township signed with the SCPA in August 2005 for the building.
According to the complaint, the more than $4.4 million being sought by the SCPA includes the remaining balance on the lease agreement, as well as monthly mortgage payments totaling $275,838 and utility payments totaling $43,764, which the SCPA says it is has paid since the township halted payments in April.
The case has been assigned to Judge Patricia A. Cosgrove, and motions for summary judgment — briefs filed by both sides that could allow specific issues or all of the case to be ruled on by Cosgrove — are due by July 15 for the SCPA, and by Aug. 14 for the township, according to Cosgrove’s office.
E-mail: aschunk@recordpub.com
Phone: 330-688-0088 ext. 3170