Cortland developer files suit against Newton Falls officials



WARREN -- A Cortland developer has filed two lawsuits in Trumbull County Common Pleas Court accusing Newton Falls with breach of contract.
Eagle Ridge Properties LLC is seeking a total $300,000 for work to make improvements to the water, sewer and electric service the city operates.
The named defendants in the lawsuits are Mayor Thomas Moorehead and city council. Moorehead could not be reached to comment Wednesday.
The lawsuits filed by Atty. James R. Scher of Warren on behalf of Eagle Ridge state Eagle Ridge owns property in Newton Township in an area in which the city has control over the utilities.
In about October 2002, the lawsuits say, Eagle Ridge submitted plans, specifications and drawings as it sought approval for building a residential development, including utility service lines that would be maintained by the city.
It's alleged that city officials required the company to plan, and either install or upgrade utility lines that were not part of the residential subdivision and would benefit the city.
Additionally, city officials would not approve Eagle Ridge's residential plans without performing the nonsubdivision utility upgrades, the suits say.
Jerry Carleton, a company partner, said he wants to develop a residential site on West Broad Street that is partially in the city, with the rest in the township. The properties that the company improved are in the city.
In consideration for Eagle Ridge performing the work on the nonsubdivision properties, the developer would be reimbursed by the city for the cost, according to the complaints.
The company has made repeated attempts to collect the reimbursement from the city without success, the lawsuit says.