The partial closing of Rothrock Road in Fairlawn is legal to block the traffic to a proposed new Walmart and Sam’s Club in Copley Township.
The ruling in Summit County Common Pleas Court was handed down one year to the day the township filed suit against Fairlawn over the closure of the busy road.
Copley has contended that the city had no jurisdiction to close a portion of Rothrock Road to through traffic because it was a county road. The township contended the move was in retaliation for the retailer’s plan to move its store west from Fairlawn into Copley.
Fairlawn countered that the road closing was made to help to preserve the integrity and character of the city’s neighborhood from big box stores.
Fairlawn is fighting the proposed development of a new 24-hour Walmart Supercenter and a Sam’s Club with gas pumps on Rothrock Road in the township. A Sam’s Club and a Walmart currently are in the Rosemont Commons shopping center.
The proposed site in Copley is on 40 acres of undeveloped land in the northern portion of Rothrock, next to residential areas of Fairlawn.
Walmart purchased the land on Sept. 20 for $480,000 and submitted a new site proposal plan in March to Copley Township zoning officials.
Summit County Common Pleas Judge Alison McCarty ruled in favor of Fairlawn saying the city can legally shut down access to the road and can move forward with its more permanent plans for a gate and barricade.
“Fairlawn has legitimate concerns for those residents and their existing property, as well as safety concerns based on the traffic problems that are likely to occur if the Walmart and Sam’s Club stores move forward without significant additional traffic improvements,” the ruling states.
Fairlawn wants to permanently close Rothrock Road from through traffic just west of Sawgrass Drive. Water barriers that could easily be removed in case of an emergency would serve as the barrier, as well as a gate system on Rosemont Boulevard.
In the ruling, McCarty said Fairlawn was acting “within the bounds of home-rule authority” to protect the residential neighborhood that would be affected by the development.
She states that the home rule authority bars the court from intervening or interfering with the legislation in place and execution of the city’s road closure plan.
The judge states in her ruling that her greatest concern is the potential effect the road closure might have on the residents of Copley Place, a senior housing complex in Copley Township.
The judge acknowledges the potential in increase in response time for the police department, but said she is confident the residents are in good hands with police and fire departments to provide sufficient coverage with their resources and mutual aid agreements with Fairlawn and Bath Township.
Copley officials argued that firefighters had responded to more than 200 calls for service at Copley Place in a year, and the road closing would seriously delay the ability of safety forces to get to the facility.
McCarty ruled that Copley failed to prove that the defendants acted in bad faith.
None of the parties could be reached for comment.
Marilyn Miller can be reached at 330-996-3098 or mmiller@thebeaconjournal.com.