Northwood: Judge dismisses hotel nuisance case

Northwood
Judge dismisses hotel case

Wood County Common Pleas Court Judge Joel Kuhlman has issued a dismissal order in a lawsuit filed by the City of Northwood against America’s Best Value Inn, Oregon Road.
Judge Kuhlman signed the dismissal June 21, noting the city hadn’t taken any further action since a court order to seek settlement or dismissal was issued June 4 as part of a pre-trial status hearing.
“Judge Kuhlman and Judge (Alan) Mayberry represent what is best in our judicial system: true fairness regardless of who the litigants are. Even if one party is a powerful government entity and the other side has individuals who may be considered foreigners by some, judges Mayberry and Kuhlman decide cases fairly on the merits under the law,” Shawn Desai, attorney for the owners and operators of the hotel, said. “We have also appreciated the opportunity to work with Northwood city officials to transform and renovate the hotel into the upscale Wyndham franchise, Baymont Inn. This is a great win for the City of Northwood to have a newly renovated upscale branded hotel with all the most up-to-date safety, security, health and cleanliness features.”
In March 2020, Judge Mayberry approved a motion filed by the city for a temporary restraining order against the hotel after the city argued the business had become a nuisance. City officials presented evidence of alleged health and building code violations and a large number of crime reports.
The restraining order didn’t close the hotel but directed its owners to correct the violations and take steps to deter criminal activity.
Affidavits submitted to the court by the city police and fire chiefs claimed their departments had responded to numerous calls the past two years at the hotel and warnings to its operators had gone unheeded.
“From May 1, 2018 through Dec. 31, 2019, the Northwood Police Department had its officers walk through the facility 167 times in an effort to combat and deter crime,” one affidavit says. “However, increased police presence was still not enough to deter the criminal activity.”
During that time there were 660 calls for service to the police and fire departments.
In May 2018 and December 2018 city officials met with hotel management to discuss the situation.
Desai told The Press in 2020 the hotel had already embarked on a major renovation project, spending about $400,000 on upgrades to rooms and the lobby.
Another $90,000 was being spent on improvements to the parking lot and $3,500 to upgrade its surveillance
security systems, he said.
Judge Mayberry retired in December 2020 while the case was pending.
Requests for comments from the city attorney and administration were not returned.