Bentwood Estates, Ltd. and Burrwood, LLC filed a lawsuit against several city officials including Mayor John Quinn on Friday concerning the tactics used to enforce the zoning ordinance.
Robert Maurer, lawyer and owner of Greenbriar, Inc., will represent the plaintiffs. Maurer believes the city impeded on student’s rights by checking mailboxes to find tenants who broke the zoning ordinance, which allows no more than three unrelated people to live in one residence.
Zoning Officer, Robert Shetzer, as well as Matthew Reger, prosecuting attorney for the city, and Rick Ketzenbarger, the director of Planning and Zoning, are the other officials named in the lawsuit.
The suit was filed, according to Maurer, after the Toledo Blade printed a story of Mayor Quinn’s goals for 2005 — including full enforcement of the zoning ordinance, which includes hiring a full-time zoning inspector.
Maurer said up until the article was published, he had hoped the city would work with local landlords to find a new solution for zoning, but now does not believe it will happen.
“I thought, after I saw that article on the 13th, there wasn’t much hope in working anymore,” Maurer said.
According to the plaintiffs, City Zoning Officer Shetzer went through mailboxes and attained search warrants for over 40 homes in the Bentwood and Burrwood subdivision. Several residents were found in violation of the laws for R1 and R2 zones.
“I have never heard of anyone using a search warrant to enforce over-occupency,” Maurer said. “This has only been enforced, to my knowledge, in Ward 1 and Ward 2. It is highly directed at the college student population.”
Ward 1 and 2 make up the University and the nearest blocks across Wooster, including South College Drive, Troupe Street and Mercer Road.
The suit filed includes three causes of action holding the city officials responsible for infringing on the rights of the plaintiffs and tenants in the subdivision — causing many to refuse leasing from Bentwood Estates and Burrwood.
“Plaintiffs’ tenants were illegally subjected to the invasion of their homes and loss of their right of privacy; loss of their peaceful, quiet possession of their home,” the filed lawsuit reads. “As a result of the defendants’ illegal activities, the plaintiffs have suffered and shall suffer future severe business interruption, loss of business income and inability to lease its houses.”
To date, Bentwood and Burrwood have four of their 46 homes rented for next year.
“Sooner or later, not for [landlords], but for the students, this ordinance needs to be changed,” Maurer said. “Right now, it is like they are killing ants with sledgehammers — surely there should be some rhyme or reason.”
