'Ring Road' Lawsuit Brings Home Depot, City to Court Again

A lawsuit over an access road that reaches back more than two years will bring the city and Home Depot to court again.

Law Director Ken Kraus said oral arguments are scheduled for March 9 in the Eighth District Court of Appeals. 

At issue is a "ring road, an an interior access road that was supposed to connect the retail stores on Pearl Road at Sprague Road -- which are now and -- with the stores just south -- the Lowe's store at Pearl and Whitney.

"The original intent (of the ring road) was to alleviate the traffic on Pearl and Whitney," said Council President Mike Daymut, who represents that area.

While plans for the developments showed an internal connecting road that would spare motorists from exiting onto Pearl Road to go from one to the other, Home Depot objected because the store it would connect with is a competitor.

Kraus said Home Depot filed a lawsuit seeking to block the ring road, which was supposed to be built by Lowe's and project developer David Lewanski. 

The court eventually ruled in favor the Lowe's, Lewanski and the city. Home Depot subsequently appealed. 

Daymut said the issue actually stretches back to the 1990s, when Builder's Square first moved into the site that is now Home Depot. Even then, he said, plans called for a ring road to be put in to access any other businesses that might be built to the south.

Traffic in the area has been a concern. When Lowe's was built several years ago, residents fought against having an entrance on Whitney Road, but lost their battle.

Kraus said there is more than $90,000 in an escrow fund to pay for construction of the road if it ever goes in.

Once built, motorists could go all the way from Whitney to Sprague Road without exiting onto Pearl.

"It's not intended to be a cut-through, but safety is a factor," Daymut said. "The ring road would have stop signs and be a safe route."

He added that safety on Pearl Road improved when a traffic signal was installed at Strongsville Boulevard, where Walmart traffic exits.