Copley Township asked for a temporary restraining order against the city of Fairlawn on Wednesday after learning the city plans to step up its plans to shut down a portion of Rothrock Road near a proposed retail development.
The order would block Fairlawn from installing road barriers until the court can hear the issue.
Attorneys for both sides met in Summit County Common Pleas Judge Alison McCarty’s chambers Wednesday in a pretrial hearing. The details of that session were not made public.
Fairlawn is fighting the proposed development of a new 24-hour Walmart Supercenter and a Sam’s Club with gas pumps on Rothrock Road. The retailer wants to move the businesses from their current location in Rosemont Commons, about a mile east in Fairlawn.
The city wants to close Rothrock Road between Sawgrass Drive and the western boundary of Fairlawn. The city has already closed off Rosemont Boulevard at Rothrock Road.
This is the second time a motion has been filed to stop Fairlawn from closing the portion of Rothrock Road that lies in Fairlawn. Two preliminary injunctions were sought last summer but were dismissed by McCarty, who is handling four cases involving the Walmart move.
The two Walmart cases being considered first involve Copley Township and Fairlawn resident Kevin Woodman, who are suing Fairlawn for partially closing off Rothrock Road. Both suits contend the road closing discriminates because it limits access to local residents only, will slow emergency vehicles and will harm other businesses on the street because the public would be denied full access.
Fairlawn officials contend it is their job to preserve the residential integrity of the neighborhood against big-box stores that will use Rothrock as a thoroughfare to the proposed stores.
After the judge’s recent ruling to deny the preliminary injunctions, it was too late for Fairlawn to install a gate system because of weather restrictions. Fairlawn officials have opted to go ahead with original plans to close the road by using temporary barriers. A detailed plan on the design of the road closing will be discussed today at a special meeting called by Mayor Bill Roth to address concerns from surrounding communities.
The mayor has invited all neighboring officials and safety forces to discuss the city’s plans, which will provide for emergency vehicle access.
Marilyn Miller can be reached at 330-996-3098 or mmiller@thebeaconjournal.com.