Gerald Phillips files complaint over Avon Engineer's handling of Grand Esplanade project

Avon Lake attorney Gerald Phillips filed a complaint with the Ohio Board of Engineers and Surveyors on Monday, alleging ethical misconduct from Avon Engineer Ryan Cummins while handling the Grande Esplanade development project. The issues Phillips, representing Avon developer Pete Restivo, identified in the yearslong planning process for the development stem from alleged selective enforcement of city planning and stormwater ordinances. The Grande Esplanade project has been debated in front of City Council and the Avon Planning Commission since 2019, though City Council has asserted the issue is a dispute between private property owners. Phillips argued in his complaint that Cummins unduly delayed the project, costing Restivo in legal and engineering costs and damaging his reputation. He asked the board to investigate Cummins' conduct and decisions throughout the almost-five-year process. The city maintains the problem is a private property dispute. The development, a planned 37-home subdivision, would be on the east side of Nagel Road. The primary issue holding up the development has been a sanitary sewer connection at St. Theresa Boulevard. Restivo does not own the strip of land at St. Theresa Boulevard that has a sewer connection. He and Phillips have requested the city exercise eminent domain to purchase the property from its owner, Carnegie Management and Development Corp. "One way or another, they've been delaying it," Phillips said. "Whether it's yes or no, I want to see it put to a vote after almost five years. They've been stonewalling my client for an unconscionable amount of time — I've never seen anything go on so long." Avon Law Director John Gasior said purchasing property through eminent domain requires action from City Council, and he said he hasn't received any authorization from Council to do so. Gasior said he hasn't received a copy of the complaint as of Thursday, so he couldn't comment directly on Phillips' allegations. He said he was confident in Cummins' ability and integrity as a civil engineer. "In these cases, all we can do is make sure we dot our i's and cross our t's," Gasior said. "(Cummins) is a very good engineer, and as long as he's been around he's done everything by the book." Gasior said Council should not be at the center of the dispute and that the city hasn't done anything outside the norm. "We want to treat everyone equally," Gasior said. "The city doesn't have an ax to grind with everyone. We just have standards to follow." Contact Richard Perrins at (440) 687-5172 or email rperrins@chroniclet.com.