On January 14, 1998, David Hartt, a city-hired planning consultant, told the Avon Council that the Avon Commons project is "an acceptable layout and consistent with your zoning as it is written."
Avon Law Director Dan Stringer said the city's codified ordinances state that when a development exceeds 10 acres in a C-2 area, it automatically assumes the characteristics of C-3 zoning. Mr. Stringer said that there would be no need to rezone because all the rules and regulations of C-3 zoning would apply in C2.
On February 26, 1998, the Avon Board of Zoning Appeals ruled that Mr. Stringer's opinion was correct.
Attorney Timothy Grendell, assisted by Tom Smith, attorney for Richard Jacobs and Ed Krystowski, and Gerald Phillips appealed this ruling to the Lorain County Common Pleas Court.
On June 8, 1998, Judge Thomas Janas ruled in favor of Grendell against the City of Avon. Judge Janas said that it would be necessary to change the C2 zoning to C3.