City, Lowe's Win 'Ring Road' Lawsuit

The Eighth District Court of Appeals has upheld a ruling about the  that would connect the retail stores on Pearl Road at Sprague and Whitney roads.

Unless another appeal is filed, the ruling gives the green light to an interior access road that would link the Pearl-Sprague stores -- which are now  and  -- with the stores just south -- the Lowe's at Pearl and Whitney, according to Law Director Ken Kraus.

"It's a good ruling for Lowe's and the city," Kraus said. "The city wants the road put in for safety reasons."

The appeals court ruled 2-1 that Home Depot raised no valid objections to the lower court's decision, Kraus said.

Council President Mike Daymut said the intent of the road was to alleviate traffic on the main roads in that area.

But Home Depot objected  because the roadway would connect the home improvement store with Lowe's, its main competitor. 

Original plans show the internal road allowing motorists to go from Home Depot to Lowe's  -- all the way from Sprague to Whitney -- without exiting onto Pearl Road.

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

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

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

Daymut said the interior road would be a safer way to navigate the retail stores in that area than going in and out on Pearl Road.

According to Kraus, Home Depot has 45 days to file an appeal to the Ohio Supreme Court, which may or may not agree to hear the case. In the meantime, he said, Home Depot is seeking to extend a temporary injunction preventing construction on the road to start.