Supreme Court dismisses latest ‘Project Gumbo’ election issue request

COLUMBUS – The Ohio Supreme Court has dismissed Twinsburg Old Mill Road resident Lynn Clark’s complaint for a writ of mandamus, which sought to get the “Project Gumbo” referendum issue on the Nov. 7, 2023, ballot.

In an announcement dated Sept. 28, Chief Justice Maureen O’Connor said the court has dismissed Clark’s complaint and “it is further ordered that the motion for leave to intervene is denied as moot.”

Project Gumbo is what residents and city officials are calling Scannell Properties’ plans to build two large warehouses on 33 acres of industrially zoned land east of Darrow Road and north of Old Mill Road.

On Sept. 20, Clark, through his attorney Warner Mendenhall, filed his verified petition for a writ, naming the Summit County Board of Elections as the respondent.

That action came after the BOE ruled that City Council’s site plan approval of Project Gumbo was an administrative act – not legislative – and thus not subject to a decision by voters via the referendum process.

O’Connor said the case was dismissed because Clark “has not filed a merit brief, due Sept. 26, in compliance with the rules of practice of the Supreme Court of Ohio, and therefore has failed to prosecute this cause with the requisite diligence.”

“The city is pleased with the outcome,” said law director Matt Vazzana. “From the beginning, the city’s position has been simple: the Project Gumbo site plan approval was not subject to referendum as was explained at the outset in the memo from the law department and clerk of Council dated July 21.”

However, he noted the most recent development is also frustrating for the following important reason: “Upon deciding that he had no intention of moving forward with his own case, Mr. Clark and his attorney should have filed a dismissal with the Supreme Court.

“And sadly, Mr. Clark’s actions have now needlessly cost the Twinsburg taxpayers both staff time and money defending a lawsuit that ultimately meant so little to Mr. Clark that he decided to not even participate in his own case.”

Clark had no comment about the court’s decision, but he said his group is planning further action “to ensure the citizens have the right to vote on actions by Council in accordance with the city charter.

“We still have an expectation that the city will follow and enforce all of the applicable federal, state and local rules and regulations applicable to Project Gumbo, and plans are under way relative to that expectation.”

As to why he didn't submit a merit brief, Mendenhall explained, "I was mistakenly waiting for a ruling on the city's motion to intervene before submitting my brief.

"After that motion was granted or denied, I expected the court to give a fast timeline for briefing. Instead of ruling on the motion, the court dismissed the case."

The dismissal means that as of Sept. 30, two of Clark’s remaining actions relative to Project Gumbo are an administrative appeal in Summit County Common Pleas Court and a Court of Claims request for public records.

On Sept. 26, Common Pleas Judge Susan Baker Ross, who is assigned to the administrative appeal case, granted the city a 14-day extension to file its administrative record, pushing the deadline to Oct. 10.

The reason the city’s outside attorneys Irving Sugerman and Matthew Vansuch asked for the extension is that they were not involved in the proceedings that led to the appeal and were later retained to represent the city.

“Our intention is not to delay these proceedings, but to allow us sufficient time to work with the city to properly prepare the record,” wrote the two attorneys from the Brouse McDowell law firm in their motion to Ross.

Clark said his request for public records is under review by a special master.

"We have an administrative appeal from the board of elections decision that will address the same issues [that were raised in the Supreme Court filing], so Twinsburg's citizens will get court review of the charter provision allowing a referendum on any Council action," Mendenhall said.

Contact the newspaper at twinsburgbulletin@recordpub.com.

This article originally appeared on Akron Beacon Journal: Supreme Court dismisses latest ‘Project Gumbo’ election issue request