Cleveland’s years-long lawsuit against a Shaker Square-area landlord is set to go to trial in August.
City Hall says a set of apartment towers along Shaker Boulevard are in such bad shape — with heating systems in “chronic disrepair,” poor trash pickup and security problems — that Cleveland Housing Court should declare them a public nuisance. The city wants the court to appoint a receiver to take control of the properties.
Shaker Heights Apartment Owner LLC, the landlord, argues that it has made an effort to correct its code violations and the remaining problems aren’t threats to public health or safety.
The court has set aside three days for a trial beginning Aug. 21, according to the online court docket. That’s almost 900 days, or around two and a half years, after Cleveland originally filed its lawsuit.
The case has taken several turns since 2023. The landlord sought to move the suit to federal court but a federal judge kicked it back to housing court.
Then the landlord tried to have Housing Court Judge W. Moná Scott removed from the case over her comments in an unrelated hearing about out-of-town property owners. Scott argued that she had been trying to make a point about landlords missing court dates. Ohio Chief Justice Sharon Kennedy said she could remain on the case.
The cyberattack that swept through Cleveland Municipal Court in February also delayed the case.
Back in 2023, Cleveland Law Director Mark Griffin said the move for a receiver was part of the “new energy” directed into enforcing housing codes. As this case shows, it takes more than energy to pursue housing cases through the court system. It also takes a lot of patience.
