Summit judge refuses to stop Fairlawn from blocking Rothrock Road
Fairlawn: Summit County Common Pleas Judge Alison McCarty once again has denied Copley Township’s effort to stop Fairlawn from shutting down Rothrock Road in Montrose.The township had asked the judge to reconsider her original Oct. 3 order that denied a request for a preliminary injunction.Monday’s decision is the latest in the continuing fight between the neighboring communities over plans by Walmart and Sam’s Club to close their Fairlawn stores and build new ones off Rothrock Road in the township.The order allows Fairlawn to move forward with the installation of a gate system on Rothrock, but time and weather constraints have made it impossible for the city to do the work until spring.Instead, Fairlawn plans to place a barricade at Rothrock Road and Sawgrass Drive. The plan allows for setting aside a minimum of 12 feet on either side of the barrier for emergency vehicles and local traffic.The city plans to install signs by Nov. 14 alerting motorists that the road is open only for emergency and official vehicles and Rosemont Ridge residents only.McCarty wrote that “the safety and precautionary measures discussed in this Court’s October 3rd order are no longer applicable to the planned closure. ... The barricade and signage Fairlawn now plans to use in closing the roadway does not present the same problems and concerns presented by a permanent gate obstructing the entire roadway.”Fairlawn Mayor Bill Roth said the city is acting under a current order to permanently close Rosemont at Rothrock and shut down Rothrock at Sawgrass, which is the portion of the road in Fairlawn.The City Council had its second reading on an ordinance Monday night that, if passed, would give the city the authority to permanently close Rothrock at Sawgrass and authorize a gate system to be built in the spring at Rosemont Boulevard instead of at Rothrock and Sawgrass. This means residents would not need a key card to access Rothrock, but would enter and exit at the northern portion of the road near Route 18.Walmart wants to relocate from Fairlawn to Copley to build a bigger store on a 40-acre lot at the northern portion of Rothrock.The new store would be open 24 hours a day and would include groceries. Sam’s Club would also leave Fairlawn and occupy a new store on the site, which would include fuel pumps.In other business, the council approved contracts with two labor unions.The council signed off on a two-year extension with two of its labor unions with wage reopener clauses in 2012 and 2013.The contract covers with the IAFF Local 4164 representing 12 full-time fire/medics and the International Brotherhood of Teamsters Local 436 representing 11 service department workers.The new contract would take effect Jan. 1.Marilyn Miller can be reached at 330-996-3098 or mmiller@thebeaconjournal.com.
