Vindicator Logo

Judge dismisses lawsuit accusing Girard of not enforcing zoning

Saturday, January 31, 2004

GIRARD -- A $10,000 lawsuit contending the city failed to enforce its zoning regulations has been dismissed because the city is immune from such litigation.
The summary judgment was issued by Magistrate Donald J. DeSanto of Mahoning County Area Court, Austintown.
The lawsuit was brought by Harvey Toy of Plymouth Avenue, Girard, against Geer Construction Co. of Austintown.
In his lawsuit, Toy alleged that he paid Geer $8,950 for work on his home. The work began in December 2002 and stopped in January 2003.
The complaint asserted that the city issued a building permit without assuring that there was a bond or contractor's certificate.
In his ruling to dismiss the city from the lawsuit, Magistrate DeSanto agreed with city Law Director Mark Standohar that the city is immune from such lawsuits.
In his motion for summary judgment, Standohar argued that municipalities have "absolute immunity" from damages in connection with the zoning code, including the approval of plans for construction work, issuance or revocation of building permits or stop-work orders.