Land contract lawsuit must be tried locally, judge rules


By Graig Graziosi

ggraziosi@vindy.com

YOUNGSTOWN

U.S. District Court Judge Benita Pearson ruled a lawsuit accusing Vision Property Management and its owners of organized, knowingly fraudulent and criminal activity while executing land contract deals with clients in Youngstown must be tried locally.

Judge Pearson ruled the case should be tried in Mahoning County Common Pleas Court as a result of Vision Property Management misfiling a notice of removal.

In October, the law firm representing Vision Property Management, Brouse McDowell, filed a notice of removal to have the case tried in federal court due to the inclusion of Racketeer Influenced and Corrupt Organizations Act accusations in the complaint.

As a result, the plaintiffs moved to remand the case so it would be tried locally.

The plaintiffs in the lawsuit – a group of Youngstown residents currently under land-contract agreements with Vision Property – are represented by Community Legal Aid.

According to the court filing, during a Nov. 9 conference call between the involved parties, “all parties indicated their desire to engage in settlement negotiations.”

During the Nov. 9 conference call, a 60-day stay on the plaintiff’s move to remand the case was established to facilitate a settlement agreement.

According to the court filing, “in the event that settlement negotiations were unsuccessful, Plaintiffs were directed to move for remand no later than Jan. 16, 2019.”

On Jan. 16, the plaintiffs moved for remand, which suggests a settlement agreement could not be reached.

Vision Property is headquartered in Columbia, S.C.