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City Faces Lawsuit Over Building Height Changes

Resident Sally Gaydosh has taken legal action against the city, claiming it violated the city charter

City Faces Lawsuit Over Building Height Changes

The City of Twinsburg is facing a lawsuit from a resident claiming how recent legislation was passed violated the city's charter.

Sally Gaydosh, of Liberty Road, filed a writ of mandamus against the city Tuesday, claiming that it passed Resolution 97-2012 without letting the voters decide.

This resolution, passed on Aug. 28 in a unanimous vote from council, changed building height regulations in industrial districts, allowing restrictions to go from 35 feet to 45 feet in I-2 and I-3 districts.

According to the lawsuit, Gaydosh believes council "abused its corporate power" by passing the zoning change without placing it on the ballot for the voters to decide. 

"City of Twinsburg officials have a duty to place this issue on the ballot, which they have failed to do," the lawsuit states.

The lawsuit refers to section 7A.01 of the city's charter, addressing zoning classifications and changes. 

The lawsuit alleges that because council approved the height regulations without voter approval, it disregarded the charter.

The city's law director, David Maistros, disagrees.

"The city's position is that the charter just provides that anything that's changed in the use or zoning of the specific land has to go on the ballot," Maistros said. "Increasing the building height by ten feet doesn't change any use that's permitted in those buildings." 

He said this change allows companies in the districts to use crains and put air conditioning on the roof and not inside.

Gaydosh's attorney, Warner Mendenhall, was not available for comment by the time this story was posted.

Mayor Katherine Procop and every city council member were listed as defendants in the lawsuit as well.

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