Newspaper Record of XXXXX/JACOBS in Avon,
Ohio -- November 2, 1999 to December 23, 1999

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11-3-99 Jacobs Loses
11-6-99 Frivolous Lawsuits
11-9-99 Again, Grendell & Phillips Must Pay
11-10-99 Shaun Brady: Economic development No. 1
11-19-99 Jacobs Sued
11-22-99 Vista to be hot topic
11-24-99 Bradley Road traffic an Excuse for Jacobs?
12-15-99 Connect Chester with Clemens
12-23-99The Morning Journal's Top 10 Stories of 1999


Tuesday, November 2, 1999

"... Cast a vote for truth and city's integrity

A vote against Issue 33 is not only a vote to uphold the integrity and trustworthiness of Columbus, it is a vote against the kind of campaigning that will use any tool to win, including baldfaced lies.

That's the kind of campaigning that promoters of Issue 33 have stooped to, says the Ohio Elections Commission.

The panel ruled that two ads by Issue 33 supporters, Citizens to Save Northland, are built on lies. The matter now passes to the Franklin Country prosecutor's office, which could press charges.

Issue 33 seeks to repeal a 1996 city ordinance creating a tax-increment financing district on the Far North Side around the Polaris interchange of I-71.

The TIF uses property taxes paid by business-owners at Polaris to pay for road and other public improvements intended to promote economic development of the area. A number of office buildings, corporate headquarters and other businesses have moved in.

For three years, the TIF has worked as intended, provoking little debate.

That changed when developer Herb Glimcher announced his intention to build a mall at Polaris. He said three anchor stores would relocate from the Northland Mall to Polaris.

Fearing the loss of three major stores would doom the Morse Road mall, Northland's owner, Richard Jacobs, bankrolled a campaign to repeal the TIF, in hopes of preventing Glimcher's project.

Jacobs' effort is just plain wrong, and poses a serious threat to the future of Columbus.

The TIF is a binding promise made by the city of Columbus to those who have invested money in the Polaris area.

If Columbus voters approve Issue 33, they will force the city to renege on that promise. This not only would harm Polaris, it would instantly brand the city as an untrustworthy, even deceitful, business partner. The potential damage to the city's economic prospects is incalculable.

But Issue 33 proponents are not concerned about the city's reputation or its economic future. Nor are they concerned about the truth.

Their ads assert that the $22 million to be raised by the TIF will go into Glimcher's pocket.


Glimcher gets none of the money. It would be used to build roads and make other public improvements that would benefit all of Polaris, not just the part where Glimcher proposes to build a mall.

The elections commission correctly concluded that Jacobs' assertion is false. Likewise, the commission found no grounds for the claim by Issue 33 proponents that the city schools will lose $640,000 a year in tax revenue if the new mall is built.

Residents should vote against Issue 33, and not just to preserve the city's trustworthiness. Defeating Issue 33 would send a message to those who would subvert the democratic process with lies ..."

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NEWS ARTICLE from THE COLUMBUS DISPATCH, Wednesday, November 3, 1999. By Steve Wright, Dispatch Development Reporter

"Columbus voters soundly rejected the repeal of the Polaris tax deal ...

Issue 33 was an attempt to repeal a $22 million tax-increment-financing deal adopted by the Columbus City Council in 1996 to build roads at Polaris.

Richard E. Jacobs, owner of Northland Mall, got the issue on the ballot by spearheading a referendum-petition drive ... Jacobs last night was not at his mall ...

Weiler blasted the tactics of the pro-Issue 33 camp.

"I don't know how that affected the vote, but the way they used the Columbus schoolkids was shameful -- that was beyond reasonable campaigning,'' he said of ads that claimed school-tax dollars were at stake if Issue 33 failed ...

Mayor Greg Lashutka said the ruling on Sunday by the Ohio Elections Commission proved helpful. The voters of Columbus saw through Jacobs' "shell game,'' Lashutka said ..."

from the Lorain County Board of Elections


                              Votes     Percent

SHAUN PATRICK BRADY           1,461     26.29
JOANNE M. EASTERDAY           1,394     25.08
THOMAS L. WEARSCH             1,354     24.36
DAVID L. MAST                 1,349     24.27

WARD 1, NIELS JENSEN            419    100.00

WARD 2, DAVID L. KAISER         362    100.00

WARD 3, SHIRLEY PIAZZA DOSS     390     48.51
        TIMOTHY E. NICKUM       414     51.49

WARD 4, JACK KILROY             507    100.00


RUTH ANN KELLER               1,581     54.13
MARY ANGELA MARSIGLIA         1,340     45.87

$8,000,000./2.4946 M/20 YRS/

FOR THE BOND ISSUE            1,365     52.93
AGAINST THE BOND ISSUE        1,214     47.07


YES                           1,752     76.67
NO                              533     23.33


YES                           1,523     68.30
NO                              707     31.70


YES                          31,225     61.77
NO                           19,329     38.23
NEWS ARTICLE from THE MORNING JOURNAL, By SARAH FENSKE, 11-4-99, Morning Journal Writer

"AVON -- Incumbent Councilman Shaun Brady will be Avon City Council's next president ... Brady hopes to be the face of Avon's future.

"The people want representatives who will make tough decisions and do their homework," he said ...

Avon's only contested ward seat saw its biggest upset, as newcomer Tim Nickum beat six-year incumbent Shirley Piazza Doss for the Ward 3 council seat ...

Nickum said Mrs. Doss' participation in the failed attempt to recall Ward 4 Councilman Kilroy was one issue ..."

NEWS ARTICLE from THE COLUMBUS DISPATCH, November 4, 1999. By Debbie Gebolys, Dispatch Business Reporter

"A spokeswoman said Richard E. Jacobs will mothball his mall rather than sell to rival Herb Glimcher ...

A spokeswoman said yesterday that Jacobs would allow Northland to stand empty rather than sell it to Glimcher ...

Jacobs was unavailable for comment yesterday ...

Jacobs has rejected Glimcher offers to buy him out of Northland, and the defeat of Issue 33 hasn't changed Jacobs' position ...

But Glimcher insiders say they have plans for Northland ...

If the developer gains control of all of Northland, sources close to Glimcher say he wants to convert it to a combination outlet and value-oriented mall ..."

NEWS ARTICLE from THE COLUMBUS DISPATCH, November 5, 1999. By Barnet D. Wolf, Dispatch Business Reporter

"Jacobs agrees to sell Tribe for $320 million

Lawyer Lawrence Dolan will pay a major-league-record price for the Indians franchise ...

Asked about his ownership legacy, Jacobs took little time in responding.

"I don't believe in legacies,'' he said ..."

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NEWS ARTICLE from THE CHRONICLE-TELEGRAM, 11-5-99, By Joe Mosbrook Jr.


AVON -- ... Schneider arrived at the official groundbreaking ceremony armed with a long-awaited list of retailers that are committed to building on the Detroit Road site.

Those merchants include Heinen's grocery store, Home Depot, Target, Kohl's department store, a Marshall's discount department store, an Old Navy clothing store, Linens and Things, Michael's Crafts and an Old World Market, a home decorating and epicurial store ...

See Full Story

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LETTER to THE EDITOR of THE PLAIN DEALER, Saturday, November 6, 1999

"Debating the merits of 'loser pays' for silly lawsuits

The Ohio Supreme Court ordered Timothy Grendell and Gerald Phillips to reimburse the state for the cost of defending against their frivolous lawsuit. Grendell and Phillips then sought to void those financial penalties by filing a federal suit against the Ohio Supreme Court and the four Ohio justices in the majority.

I welcome this as it gives the U.S. District Court for Southern Ohio the opportunity to uphold the Ohio Supreme Court ruling and, better yet, charge these men with civil racketeering and order them to pay triple damages for their white-collar frivolities."

GARY WALTZ, Cleveland Heights

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NEWS ARTICLE from THE COLUMBUS DISPATCH, Tuesday, November 09, 1999 By Robert Ruth, Dispatch Staff Reporter

"Judge says lawyers must pay court fine

* Timothy J. Grendell and Gerald W. Phillips now must pay $6,495 for filing a frivolous suit.

A federal judge has ruled that the Ohio Supreme Court had the right to fine two attorneys for filing what it considered to be a frivolous lawsuit.

In a 15-page opinion issued Friday, U.S. District Judge Edmund A. Sargus Jr. wrote, "The Supreme Court of Ohio has a strong, legitimate interest in regulating the conduct of attorneys and parties appearing before it. The challenged rule is an important component of such regulation.''

Timothy J. Grendell of Independence, Ohio, and Gerald W. Phillips of Avon, Ohio, argued before Sargus that an Ohio rule allowing sanctions for frivolous suits is unconstitutional because it does not provide for a hearing.

Sargus said the two attorneys were given "ample notice and an opportunity to be heard before the Ohio Supreme Court.'' However, the plaintiffs "apparently declined the opportunity,'' Sargus added.

The Ohio Supreme Court fined Grendell and Phillips $6,495 on Sept. 28 when it dismissed a suit they had filed on behalf of Grendell's wife, state Rep. Diane V. Grendell, R-Chesterland ..."

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NEWS ARTICLE from THE PRESS, 11-10-99, By Bud Henderson

Brady: Economic development No. 1

By Bud Henderson

"Going into this year's council race, Shaun Brady said he had just one goal.

"Don't finish fourth."

He didn't. In fact, his second term on council will be served as council president, a responsibility he accepts with enthusiasm.

"I really believe we have an outstanding team on council now," he said.

"I'm looking forward to the challenge. We have a diverse group of people with a lot to bring to the table." ...

See the Full Story

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NEWS ARTICLE from THE COLUMBUS DISPATCH, Friday, November 19, 1999, By Jim Woods and Debbie Gebolys

"Glimcher Sues Mall-War Rival for Defamation

The mall wars raged on yesterday as developer Herbert Glimcher, who proposes to build Polaris Fashion Place, filed a defamation lawsuit against Northland Mall owner Richard E. Jacobs.

Glimcher and his Glimcher Properties Limited Partnership filed the lawsuit in Delaware County Common Pleas Court accusing Jacobs and others of "repeatedly and maliciously'' making "widespread false and defamatory statements'' about Glimcher, Polaris Mall and Glimcher Properties Limited Partnership.

Glimcher attorney David Young said Glimcher sued when it became apparent that Jacobs and his camp weren't stopping their allegations, even after Columbus voters defeated Issue 33. The Jacobs-led initiative had tried to rescind $22 million in tax- increment financing for road improvements at the Polaris Centers of Commerce ...

The suit also names Jacobs' Northland Joint Venture and the Cleveland area-based Richard E. Jacobs Group as defendants.

Jacobs spokeswoman Ann Husted declined comment ...

The Ohio Elections Commission on Oct. 31 found that the ads were full of false statements. The commission referred the case to the Franklin County prosecutor for possible criminal charges ..."

THE COLUMBUS DISPATCH, November 15, 1999,


"There's attack advertising that is fair, and there is attack advertising that is unfair,'' said Herb Asher, professor emeritus of political science at Ohio State University. "In Issue 33, most reasonable people would believe that the campaign by and large exceeded the normal license and normal excesses.'' ...

The Committee to Save Northland was named in the complaint, but O'Brien said officers of the committee could face charges, too. Community activist Peggy McElroy served as campaign chair.

McElroy denies any culpability. She told The Dispatch this month that Jacobs' Columbus-based public relations agency, Paul Werth Associates, recruited her and paid $2,500 for her service.

Although her name appeared at the end of the ads, she maintains she had nothing to do with them ...

Meanwhile, the commission is scheduled to look at the claims in a second Issue 33 ad. That complaint specifically names Jacobs; his right-hand man, Don Jones; and the Richard E. Jacobs Group.

BrabenderCox, a Republican media firm, refuses to comment on the ads. Ann Husted, the Paul Werth official who served as Jacobs' spokeswoman for the campaign and once worked for BrabenderCox, declined to discuss much about the commercials' content because of litigation ...

Although Werth's actions could result in a proxy -- McElroy -- being prosecuted, Husted doesn't believe that will harm the agency's reputation. "You have to get in the ring'' and fight for a client, she said.

Asher agrees the PR firm will not be hurt in the long run, but he is surprised at Husted's continuing defiance ..."

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NEWS ARTICLE from THE MORNING JOURNAL, By SARAH FENSKE, 11-22-99, Morning Journal Writer

"Vista to be hot topic: Developer doing own traffic study for Avon project

AVON -- A traffic study arguing for a new interchange in Avon is expected to greet the newly-elected City Council, in the first step of what will likely be the hottest issue the group faces.

'We can't let this consume all our time, but it will be big,' said Council President-elect Shaun Brady.

With 500 acres of commercial, residential and office development proposed around a new I-90 interchange at Lear Nagle Road, Vista has been a hot topic since the Westlake-based Jacobs Group unveiled it in 1997.

Although the company's first attempt to start Vista fizzled when City Council refused to green light a traffic study focusing on a new interchange, the developers are now conducting a study of their own, executive vice president Thomas Henneberry said.

While city officials told The Morning Journal the study could be completed as early as the end of this month, Henneberry would only confirm that it is 'under way.'

'We're looking forward to working with the new Avon council,' Henneberry said. 'We continue to think they're pro-growth, and we're looking forward to working with them.'

Three of council's seven seats will be filled by new members. The new faces and new leadership, with Brady as president, present the Jacobs Group officials with a different look than the council that rejected the traffic study in March.

New council members Tim Nickum and JoAnne Easterday both said they have some reservations, but plan to keep an open mind. At-large councilman-elect Tom Wearsch did not return calls for comment.

Councilman-elect Nickum described himself as 'pro-development' -- with limits.

'I was for Avon Commons,' he said. 'But I'm not for everything. It's just that you have to be careful what you put in.'

Nickum said he wanted to wait until council receives an official proposal to act ...

Mrs. Easterday, newly elected to an at-large position, said she would be open to seeing the company's interchange study, if only to decide whether another, objective study needed to be done ...

While remaining open-minded, council will take the company's traffic study with a grain of salt, Brady said.

'Of course it's going to be slanted in Jacobs' favor,' he said. 'They're going to try to show how they feel retail development would improve the quality of life in Avon.'

But the zoning of the Vista land could be the city's biggest hang-up, Brady said.

The Jacobs Group has proposed developing its 500 acres as a 'planned unit development,' suggesting the city should rezone the area to give it flexibility for the future.

But Brady said he favors the area's current zoning classifications, with much of the acreage zoned for industry.

Avon spent nearly $1 million for sewers and water lines to make the land ready for an industrial developer, Brady said.

'That's industrial land down there, and that's our bread and butter,' he said."

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NEWS ARTICLE from THE MORNING JOURNAL, Wed, Nov 24, 1999, By SARAH FENSKE, Morning Journal Writer

[Bradley Road traffic an Excuse for Jacobs?]

"AVON LAKE -- Walker Road residents in Bay Village, fed up with traffic from the west, are taking their quest to the traffic's source: Avon Lake.

Walker Road in Avon Lake features two major shopping centers, entrances for numerous subdivisions and cars, often driving faster than the posted 35 mph speed limit.

Walker Road in Bay Village features homes and a 25 mph speed limit. For the residents who live there, Avon Lake's growth has translated to five years of increased traffic nightmares.

'It's an older, quieter neighborhood, and the people there are looking out for the safety for their kids,' said Farrell Cleary, Bay Village's safety director.

Most of the vehicles head from Avon Lake through Bay Village and then south into Westlake to access I-90. The route in the opposite direction has also increased, said Walker Road resident Paul Crouser ...

[Avon Lake Mayor Vince] Urbin said he called Bay Village Mayor Tom Jelepis to begin discussing the issue.

But one thing Avon Lake will not support to alleviate traffic is the Jacobs Group's 500-acre Vista proposal, which includes an I-90 interchange for Lear-Nagel Road ...

While some members of the Bay Village group support the Jacobs-sponsored interchange, Crouser said the massive development would only increase his neighborhood's problems.

'That's like trying to put out a fire with gasoline,' he said.

Right now, the group's hopes are pinned on the two cities working together to make other routes more attractive to Avon Lake drivers."

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Connect Chester with Clemens

LETTER to the Editor of THE PRESS, 12-15-99, By George Bliss

"I can somewhat sympathize with those folks on Walker Road in Bay Village. It must have appeared to be a quiet residential street for a number of previous years. However, no matter how you doctor up a ridiculously low speed limit, the fact remains that it is a main artery in and out of Avon Lake.

The only factual thing I can suggest is doing everything we all can to push for connecting Chester Road (a.k.a..Just Imagine Drive) past Manco to Clemens Road in Westlake. Admittedly, it will probably only help Walker Road a little, but I can see great benefits for the rest of us in both Avon and Avon Lake.

The part of your Bay/Walker Road committee that can see the futility of letting Jacobs put in his interchange at Lear Nagle and I-90 are right on target. He will automatically get commercial zoning in an area which should stay residential. Commercial zoning and other development of 500 acres or more will literally destroy all that we all love about Avon and Avon Lake east of SR 83, including Bay Village.

I think the only practical thing you folks can do on Walker/Bay is learn to live with the increased traffic in the nice homes you all have there. I grew up on Detroit Road in the late 20's and 30's before I-90 when all east/west traffic between Lake Rd. and Center Ridge Rd. went past our house. My bedroom was as close to the road if not closer than Walker/Bay houses and the solid rubber tires would shake the house, many times shattering the gas mantles we still kept burning for night lights ..."

George Bliss, Avon

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"NEW DEVELOPMENT", No.8, from THE MORNING JOURNAL, By RON VIDKA, 12-25-99, Morning Journal Writer

"... In Avon, the Jacobs Group submitted concept plans to build a 500-acre development. ...

The Avon Commons shopping center received it final Planning Commission approval Sept. 22 [1999] ..."

CITY CHATTER, Cleveland Free Times, 12-23-99

"Word has it that PD editor Doug Clifton recently tweaked once-powerful publisher Alex Machaskee and editorial page director Brent "his days are numbered" Larkin for their lack of ethics (shocker!).

Seems a box of prime rib steaks was delivered to Clifton's home, courtesy of Dick Jacobs. Rather than keeping quiet and chowing down (as PD custom would seem to dictate), Clifton wrote an email to staffers saying the gift was unacceptable and that he had donated it to the Food Bank in Jacobs' name. As reporters in the newsroom got the message, a cheer went up, and someone called out: "What are Machaskee and Larkin going to do with theirs?"

While the two have remained silent on the issue (too polite to speak with their mouths full), our sources say there's no doubt they were on Jacobs' Christmas list."

NEWS ARTICLE from THE COLUMBUS DISPATCH, 12-11-99, By Joe Hallett and Jim Woods, Dispatch Staff Reporters

"... In the so-called "mall wars'' battle, Issue 33 on the November ballot, Northland Mall owner Richard E. Jacobs of Cleveland spent nearly $1.4 million on his losing bid ...

In the name of Northland Joint Venture, which he owns, Jacobs contributed $572,212 since Oct. 13 [1999] to the Issue 33 campaign, including $345,223 to bankroll Citizens to Save Northland, the group that sought passage of the ballot issue.

Previously, Jacobs had spent $807,072 on the ballot issue, bringing his total expenditure to $1.4 million ..."


"MALL WARRIORS: Richard E. Jacobs

...Make no mistake: Jacobs is a fighter, a man who doesn't like to lose.

...Jacobs isn't afraid to spend money on his political leanings. According to the Ohio secretary of state's office and the Campaign Finance Information Center, he has given candidates hundreds of thousands of dollars during the 1990s alone.

The biggest recipient was Republican George V. Voinovich. Jacobs gave more than $100,000 to the former Cleveland mayor's successful gubernatorial race in 1990 and $50,000 to help Voinovich win a second term ..."

Newspaper Record of XXXXX/Jacobs in Avon

More Documents Relating to the June 8, 1998, Decision Against Avon

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