Dispute over housing development in mediation

A years-long disagreement over a proposed 122unit housing development in Chardon may be coming to an end.

Ryan Homes construction company, developer Samuel Cannata and Rollin Cooke III — the primary shareholder of Chardonbased Willo Tree Development Inc. — have agreed to take their Geauga County Common Pleas Court dis- pute to a mediator.

A $1 million breach of contract suit was f iled against Cooke in October 2016 by Brecksville-based Ryan Homes, also known as NVR Inc.

In September 2014, Cannata’s Elm Investment Trust agreed to sell the Water Street property to Ryan Homes to develop it. Cooke initially consented to the agreement.

Ryan Homes’ attorneys are arguing that Cooke and Cannata conspired together to commit fraud and interfere w ith the builder’s interests in the property.

Cannata then countersued Willo Tree Development, claiming Cooke “threatened and induced Elm to relinquish title” to the property.

Cooke then claimed Cannata and Ryan Homes conspired together to obtain the Willo Tree Development properties at “an unreasonably below-market price, with ridiculously onerous conditions favorable to (Ryan Homes),” Cooke’s attorney, Charles Bakula, stated in the counterclaim.

Cooke’s lawsuit sought unspecif ied damages against Ryan Homes and Cannata and a jury trial before Judge Forrest W. Burt.

The builder is asking the judge to rule that Ryan Homes retains the exclusive rights to buy the property for the agreed upon price per lot. Ryan Homes also wanted Burt to stop Cooke and Cannata from selling the property to any other person or business.

Cannata asked the judge to dismiss him as a defendant in the Ryan Homes suit , cla imin g C ooke “threatened and induced Elm to relinquish title” to the property.

In a recent pretrial statement, Ryan Homes’ attorney sought damages from $7.6 million to $8.3 million from Willo Tree and Elm Investment.

“The Willo defendants had — and continue to have — a multimillion dollar interest in the residential de- velopment of the property ... (for) a Planned Residential Development plan that was (and is) approved by the city of Chardon,” attorney David Yeagley stated. “Ryan Homes is prepared to take steps necessary to bring the development to fruition. There appear to be good prospects for a mutually beneficial resolution of this matter...”

Although no resolution occurred at a later settlement conference, all parties involved agreed to participate in mediation.