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Legal battle over Wendy's continues

Vince Alexander

The two-year lawsuit regarding the old Wendy's site may not be decided before demolition begins in the fall.

"At this point we are not commenting to the public," said Mike Gmoser, the lawyer representing Main and High Development, LLC, the owner of the Wendy's building. "This is a public matter but it is in respect to a private interest."

According to Oxford City Manager Doug Elliott, the city filed for a motion Aug. 29 for a summary judgment in the case involving Main and High Development and the city of Oxford.

According to court records, Main and High Development filed a lawsuit against the city Aug. 29, 2006, alleging fraudulent conduct on the part of then City Manager Jane Howington, civil rights violations, violating the city's municipal charter and violations of Ohio's Sunshine Law.

Steven McHugh, law director for the City of Oxford, believes the summary judgment is appropriate in this case, claiming the plaintiff does not have a credible claim against the city.

Elliott said the city has also scheduled a mediation meeting for Sept. 18, where the city will discuss the charges made by the owner to see if settlements can be reached outside of court.

According to McHugh, to his knowledge, the representatives from Main and High Development have not yet responded to the summary judgment.

McHugh said there are rules and processes that must be followed during litigation and that can sometimes cause delays in judgments.

"At this point, the city's motion for summary judgment is optimistic that the court will rule in the city's favor," McHugh said.

After the fire destroyed the Wendy's in 2005, the city and then-renter of the property, Red Brick Management, Inc., had a two-year dialogue about what to do with the site. Owner of the company, Matt Rodbro, said Red Brick will act as property manager in the development of a new, three-story apartment complex to be built in 2008-09 at the old Wendy's site.

"That is the extent of Red Brick Property Management's involvement," Rodbro said. "Red Brick is not involved in the lawsuit."

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