APPEALS COURT Ruling keeps city off zoning lawsuit

The lawsuit contended the city violated its own zoning regulations.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- An 11th District Court of Appeals ruling has saved financially strapped Girard as much as $600,000.
Last week, the appeals court upheld a 2002 ruling by Judge Peter J. Kontos of Trumbull Common Pleas Court dismissing the city from a lawsuit filed by Brenda Kovach and her husband, James Sipusic, of 1608 Oak St. asking for damages in a zoning issue.
"I'm kind of frustrated with the whole thing -- the whole process," Kovach said Tuesday.
Kovach and her husband filed the action against the city. The other named defendant in the 3-year-long battle was the couple's neighbor to the rear of their property, Robert Racick, of 1639 Greenwood Ave.
They were seeking $100,000 in compensatory damages and $500,000 in punitive damages.
The couple alleged that the city discriminated against them in a zoning issue.
Through their attorney, Marc Dann of Liberty, Sipusic and Kovach contended in common pleas court that the city issued a building permit to Racick to build an addition to his home. Their back yards abut.
Rex Funge, who was the city's zoning inspector/assistant engineer in 2000, issued the permit.
What happened
Racick received the permit although zoning regulations call for no dwelling be constructed within 50 feet of another's back yard property line. The Racick addition was within 10 feet of the couple's property, according to the complaint.
The downspout on the addition drains on the property of Sipusic and Kovach, it was alleged.
The couple asserted that the action by the city and Racick violated their rights of equal protection under the law because those in similar circumstances are protected by the city's zoning regulations.
City Law Director Mark Standohar filed a motion for summary judgment in common pleas court, and Judge Kontos ruled in the city's favor. The appeals court upheld that decision last week. The action against Racick continues, Standohar said.
Standohar had argued that the lawsuit against the city should be dismissed because there was no intent by the city to violate the couple's civil rights.
The law director also argued that the city has immunity from liability under state law arising out of enforcement or nonenforcement of zoning regulations.
Appellate Judge Judith A. Christley agreed with Judge Kontos' ruling that based on the facts and law, Sipusic and Kovach had no winnable case against the city.
Kovach said she doesn't know if they will appeal.
yovich@vindy.com