Judge Rezones Parkstone Property; Solon City Council To Appeal

A Cuyahoga County judge recently ruled on controversial and long-dormant lawsuit regarding property at the corner of SOM Center and Miles roads.

Solon Law Director Tom Lobe told council that a judge had taken action in the lawsuit filed by Parkstone Partners against the city, deciding to rezone the property to a denser residential district.

In response, the Solon City Council voted 6-1 on Monday night to appeal the decision.

Parkstone Capital Partners has been locked for years in a lawsuit with the city of Solon over rezoning land at Solon's northern border.

The undeveloped land at the southeastern corner of Miles and SOM Center roads is zoned for single-family homes. But Parkstone, the land's owner, has been fighting to rezone the property to allow something denser than single-family homes.

Residents in the area have vigorously opposed those options, saying that the land should remain single-family homes to keep it in harmony with the rest of the neighborhood.

In 2010, Judge John Sutula ordered Solon to put the rezoning before the voters or he would rezone it himself. The voters did decide, with 86 percent of those casting ballots voting no.

But then in June 2011, Parkstone Partners filed a motion asking Judge John Sutula to judicially rezone the property. That's what he did earlier this month on Nov. 14.

Councilwoman Toni Richmond was the only member who voted against appealing. She said she doesn't think the outcome of the appeal will be in the city's favor.

"I don’t believe its an unusual use of that property," Richmond said of the R-2 zoning district. "I’m not going to support this. I just don’t believe the outcome will be any different regardless of what judge it's with."

The other council members disagreed, and voted to appeal.