Boston Heights Village officials lost its appeal in the Ninth District Court of Appeals of Ohio in a contract dispute with the city of Hudson, although village leaders indicated they had been prepared to drop the case entirely.
The Ninth District Court of Appeals on June 24 upheld a Summit County Common Pleas Court ruling that had dismissed the village’s breach of contract claim and other claims against Hudson. Judge Betty Sutton wrote the opinion, with Judge Scot Stevenson, who presided, concurring and Judge Jennifer Hensal concurring in the judgment only.
“While we’re disappointed with the outcome, we respect the court’s ruling,” said Ron Antal, the Boston Heights mayor.
However, Antal added that Boston Heights “had already directed our attorney, Warner Mendenhall, to dismiss the case and move forward.” Unfortunately, the mayor added, “the case could not be formally dismissed before the Court issued its decision” due to Mendenhall’s health issues. Mendenhall died June 8 of complications from colon cancer. “Our thoughts and prayers remain with Warner and his family,” Antal said.
Antal said that he recently met with Hudson City Council President Michael Bird.
“We had a very constructive conversation about finding a practical solution that is fair and equitable for both communities,” Antal said. “Boston Heights and Hudson have been neighbors for a long time, and I believe we can accomplish far more by working together than by spending time and resources in court.”
Bird said that “Hudson City Council is happy to hear that the lawsuit against the City and individual council members has been dismissed.”
“We are interested in discussing with Mayor Antal on how we could move forward in the future,” Bird said. “We are willing to work with them and help our neighboring communities to the extent that we are able.”
A memorandum of understanding, signed in November 2008 by then Hudson Mayor William Currin and former Boston Heights Mayor Bill Goncy, was approved by the councils for each community, which had provided water and sewer services to a part of commercial lands in Boston Heights.
“As acknowledged by (Boston Heights) in their first amended complaint, the MOU did not constitute a valid contract between the city of Hudson and the Village of Boston Heights,” the appeals court stated. Currin, the ruling went on to state, did not have the authority to bind the city to any contract under the Hudson City Charter.
The appeals court, which ordered court costs to be paid by Boston Heights, stated that “there were reasonable grounds for this appeal.”
Legal complaints started after water line extension denied by city
The initial lawsuit, filed by Boston Heights and two businesses against Hudson, Hudson City Council and American Fireworks Inc. of Hudson, was dismissed in March 2025 by Summit County Common Pleas Judge Alison McCarty.
Hudson officials in turn filed a petition with the Summit County Court of Common Pleas in April 2025, asking the lower court to rule the case by Boston Heights and other parties as frivolous and demanding that the plaintiffs reimburse them for attorney fees. Matthew B. Abens, one of the legal representatives for Hudson, said that only the city is a part of this legal action.
David Harvey, the lead counsel for Hudson, said that “the lower court has not addressed the sanctions motion.” He otherwise declined to comment on the case.
The original case, which was filed Oct. 8, was filed by the village, along with AJ Allison Enterprises LLC and S.J. Fireworks Unlimited LLC, both located on Chittenden Road. It alleged breach of contract and interference with a contract.
In 2023, Allison Enterprises had sought approval to extend the existing waterline for public water to property at 6231 Chittenden Road, which Allison purchased in May 2022. S.J. Fireworks leased the property from Allison, expecting water and sewer utilities would be provided to the company by Hudson through the MOU.
However, Hudson City Council unanimously voted against the resolution to extend the waterline, then later unanimously voted to terminate the MOU.
The property owned by AJ Allison Enterprises LLC is up for sale, Antal said. “They have decided not to pursue a location for their fireworks business in Boston Heights.”
Reporter April Helms can be reached at ahelms@thebeaconjournal.com
This article originally appeared on Akron Beacon Journal: Boston Heights loses appeal against Hudson in breach of contract claim
Reporting by April Helms, Akron Beacon Journal / Akron Beacon Journal
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By April Helms, Akron Beacon Journal | USA TODAY Network
