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JCU wins over wall

March 19th, 2009

The Cuyahoga County Court of Common Pleas ruled in favor of John Carroll University on March 2 in a lawsuit filed over a wall between a JCU-owned property and the property owned by the Fairmount Condo Association on 20201 North Park Blvd in Shaker Heights.

During an interview for a previous story in The Carroll News on this topic, resident Regina Sweeney had said the Condo Association would be dropping their lawsuit due to financial constraints, but according to JCU’s general counsel, Maria Alfaro-Lopez, they didn’t. 

Once they opted to continue with the suit, the court ruled in favor of JCU. 

In their ruling, the court granted JCU’s summary judgment motion, which means that the court accepts the facts of the case that JCU is not responsible for the deteriorating wall. 

Therefore, they are not required to finance a new one, a project that could have cost up to $60,000. 

“We feel of course vindicated, by the court’s ruling in our favor,” Lopez said. 

The court also granted summary judgment in JCU’s favor on their counterclaim which the University filed to cover the costs the it incurred on outside legal counsel.

JCU will continue to pursue recovering its full costs. 

“The resources we were forced to expend in defending this lawsuit could have instead gone to support the University’s educational responsibilities to our students and our community,” Lopez said. 

“We will continue to pursue reimbursement of any and all costs we have expended due to the condo association’s wrongful actions and suit.” 

A date has yet to be set for a hearing to determine the amount of damages.