Melfi hopes ruling moves city closer to obtaining Leather Works property

The mayor called the company's appeal a stalling tactic.
& lt;a href=mailto:sinkovich@vindy.com & gt;By PEGGY SINKOVICH & lt;/a & gt; and TIM YOVICH
VINDICATOR TRUMBULL STAFF
GIRARD -- Mayor James J. Melfi says he's hoping to soon resume negotiations to gain ownership of the former Ohio Leather Works property.
The 11th District Court of Appeals dismissed an appeal Monday filed by the company. This means the company can either decide to appeal the 11th District's decision to the state Supreme Court or return to Trumbull County Common Pleas Court and resume negotiations.
Attorneys for the company could not be reached to comment.
In a 2-to-1 decision, the appeals court ruled that the trial court's Nov. 6, 2001, judgment entry is not a final appealable order so therefore the appeal must be dismissed.
The Nov. 6, 2001, common pleas court ruling, denied the company's request to vacate a 1997 ruling.
The ruling
The 10-page appeals court ruling states that, in 1997, a Trumbull County Common Pleas Court magistrate and a judge ruled that the company would perform additional cleanup at the property site within a prescribed period of time. The 1997 common pleas court ruling, however, failed to contain state civil rule language stating that there was "no just reason for delay," the appeals court ruling states. Without those words, the ruling is not a final order, the appeals court ruled.
"If the underlying judgment is not a final order, then the judgment denying a motion to vacate is also not final for purposes of appellate review," the appeals court ruling states.
Judge Judith A. Christley wrote the decision, and Judge William O'Neill concurred. Judge Diane V. Grendell dissented.
Judge Grendell wrote a brief dissent stating that strict adherence to the civil rule "would constitute form over substance."
"Remanding this case to the lower court merely to add a Civl Rule 54 (B) provision to a 5-year-old order will not change our ultimate need to address the substantive issues in this case and will not foster judicial economy," Judge Grendell wrote.
Seeking to foreclose
Melfi said the administration hopes it can now get control of the 27 acres along U.S. Route 422 as the result of Monday's ruling.
The city has been attempting to foreclose on the prime land owned by Leatherworks Partnership since 1995.
The former tannery ceased operations in 1971 after 80 years in business.
After fire destroyed the former plant in 1995, the city attempted to foreclose on the land to pay hundreds of thousands of dollars in zoning violation fines, payment for work the city did as a result of the blaze and legal fees.
"We want it all," Melfi said of the money. He called the company's appeal a "stall tactic."
The city has been working with the U.S. and Ohio Environmental Protection Agency to monitor the site, officials said.