One Year Later, No Decision on Rothrock Road

One year after the Rothrock Road case went to trial, a decision on whether Fairlawn can legally block the street has not been handed down.

Officials on both sides are still waiting for Summit County Common Pleas Judge Alison McCarty to rule on whether Rothrock should remain open to the public or whether Fairlawn can keep cut-through traffic away.

“It’s complex because of the parties and the nature of the case,” Fairlawn Mayor William Roth said. “But two Supreme Court cases say the city has the right to close it.”

Copley Township filed the lawsuit against Fairlawn on July 25, 2011 after Fairlawn announced it would close a portion of Rothrock Road against traffic from a proposed Walmart Superstore and Sam's Club in Copley Township.

Fairlawn put up a temporary concrete barrier west of Sawgrass Road on Rothrock two years ago. That barrier was supposed to be replaced by a permanent barrier on April 10, 2012, but Copley filed an injunction against it.

Fairlawn officials decided to wait to put up the barrier until a court determined its legality.

Regardless of how McCarty rules, though, the case will probably not end.

Roth said if Fairlawn loses, the city will definitely appeal, and expects Copley to do the same if Fairlawn wins.“

The case is such a nature that either side is likely to appeal,” Roth said.

Last year, the Copley Township v. Fairlawn case was combined with the case of Jacob Pollack v. Fairlawn because the Fairlawn resident wants the road reopened as well.

In May 2012, McCarty issued a summary judgment on some of the issues. The rest went to trial last June.