Challenge to Newton Falls man’s residency proves unsuccessful


Staff report

WARREN

The Trumbull County Board of Elections, after hearing testimony from Bruce Moore and John Baryak Jr., ruled Tuesday that Baryak is a Newton Falls resident for voting purposes.

Moore, of Newton Falls, challenged Baryak’s residency, asking that the board declare the Baryak’s Tree Service owner a resident of Braceville Township at the location of his business and rejecting Baryak’s claim that he became a Newton Falls resident in December 2013 when he moved to North Canal Street in the village.

The board agreed 4-0 that Baryak met the definition of being a Newton Falls resident — that his home in Newton Falls is a legitimate residence and is the one Baryak “has the intention of returning to” when he is absent.

Baryak admitted he spends a lot of time at his home on state Route 5 in Braceville during the warm months of the year and frequently sleeps there because it is near his business.

Baryak is the man who succeeded in challenging the validity of a referendum petition filed by Moore’s friend, Newton Falls resident Werner Lange, in September.

Lange wanted Newton Falls voters to decide this November whether to repeal a decision by Newton Falls Village Council regarding an income tax increase for village residents who live in the village but work outside the village.

Baryak successfully argued that state law was not followed with regard to Lange’s petition and another one that dealt with creation of a village stormwater utility.

The board of elections removed both referendums from this November’s ballot as a result of Baryak’s actions.

Before the hearing, Lange expressed hope that if Baryak was declared a Braceville Township resident, his referendum might be restored to the ballot or placed on a special-election ballot.

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