Poland man files $25M suit, alleging violation of rights

Staff report

YOUNGSTOWN — A Poland man is suing township officials and several others, contending his rights are being violated because of limits the township wants to place on the use of his property.

Leo C. Day, of Dobbins Road, filed the suit this week in U.S. District Court here, seeking $25 million. He filed the action pro se, meaning he is acting as his own attorney.

The suit lists the township zoning inspector, administrator, three trustees, Struthers Municipal Judge James R. Lanzo and two other individuals.

Day contends that despite a 1978 Mahoning County Common Pleas Court decision allowing him to use his property for a truck hauling business, the defendants have “conspired” to deprive him of that protection.

Robert Monus, zoning inspector, said the township recognizes and abides by the court ruling that allows Day to operate the truck hauling business.

“That doesn’t mean he can have a junkyard there,” Monus said.

He said Day’s property has on it dismantled construction equipment, cement mixers, car batteries — and at one time, a kitchen sink.

In 2004, Day was cited for the zoning violation and took the case to Struthers court, where he was convicted and fined. Day appealed the judge’s decision, and it was upheld by the 7th District Court of Appeals.

Township Administrator James Scharville said Day paid the fine but was cited again when the property wasn’t cleaned up.