YOUNGSTOWN – The owner of Erie Terminal Place wants Youngstown to pay the $40,000 it agreed to give in a settlement four months ago for damage caused to the downtown building during a project at the city-owned 20 Federal Place.

The May 1, 2024, lawsuit filed in Mahoning County Common Pleas Court by Erie Terminal Place LLC stated that jackhammering for an asbestos abatement and partial demolition project at the nearby 20 Federal Place building caused Erie’s facade, marble and walls “to sustain significant visible and structural damage” as “a direct and proximate result of the negligence of defendants.”

In a Wednesday court filing, Gregg Rossi, Erie’s attorney, disclosed the city agreed to pay $40,000 for the damage, and Marucci & Gaffney Excavating Co. of Youngstown, through its insurance company, agreed to pay $80,000.

That settlement was reached after a May 15 mediation with the terms of the resolution sent to attorneys for the city and Marucci & Gaffney on May 26, according to Rossi’s filing.

Though the city agreed to the $40,000 settlement, it still hasn’t been paid, Rossi wrote. That resulted in Rossi filing the motion to enforce the settlement and for post-settlement interest.

Attached to Rossi’s filing was a settlement document stating: “It is understood and agreed that this settlement is the compromise of a disputed claim and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said release denies liability therefore and intends merely to avoid litigation and buy peace.”

Rossi’s motion to enforce the settlement states James Vivo, the city’s first assistant law director, told him legislation was to be prepared and presented to city council July 27 for approval and then authorized by the board of control.

Rossi wrote, “The matter was initially on the council agenda for July 27, but apparently there was no quorum for a vote on an emergency basis.”

However, council’s agenda for that meeting never included the $40,000 settlement.

Rossi wrote that it was then confirmed Aug. 19 that Mayor Jamael Tito Brown could sponsor legislation for the Aug. 25 meeting. “Again, apparently, it didn’t get placed on the agenda.”

Rossi wrote Vivo then told him council would consider the settlement at its Sept. 17 meeting, but again that wasn’t included on the agenda and thus no vote was taken.

Vivo said Thursday, “I don’t know that there’s necessarily a delay. The agreement to recommend a settlement came out of mediation. It doesn’t usurp the regular process at city hall that it has to go through city council and then be approved by the board of control. With all due respect, the plaintiff in this situation is a little impatient and trying to force the hand of government. It’s a misunderstanding of our process.”

The settlement also is not on the agenda for council’s Wednesday meeting.

Vivo added, “The mayor needs time to fully digest it and decide if he’ll sponsor it. If not, the case will resume.”

Rossi wrote, “As this matter was settled on or about May 15 and shortly thereafter it was confirmed by settlement email on May 26, but not yet completed almost four months later, the plaintiff moves this court for an order upon defendant city of Youngstown to take all necessary steps, including but not limited to preparing and submitting legislation, receiving city council approval, receiving approval by the board of control and issuing of the settlement funds as previously agreed. Plaintiff also seeks additional interest at the statutory rate, at a minimum from June 11 through present.”

Jacqueline Marchionda, the wife of developer Dominic Marchionda, is the agent for Erie Terminal Place LLC on its articles of organization.

The city filed an $834,608 lawsuit Nov. 21 against Dominic Marchionda, Erie Terminal Place LLC, U.S. Campus Suites LLC and David Bozanich, a former city finance director, in what it describes as a “calculated scheme” to defraud it related to two projects that received city funding.

The case has a Nov. 9, 2026, trial date.

The damage caused to Erie Terminal Place, a residential-commercial building, was the result of a $7.4 million asbestos abatement and partial demolition project to 20 Federal Place that finished almost a year ago.

The city-owned building has been vacant for almost three years with Youngstown unable to find a company to redevelop it.

City officials announced Aug. 12 that it ended its relationship with Bluelofts Inc., a Dallas company, to potentially redevelop 20 Federal Place and that $24 million in state and federal historic tax credits for the building wouldn’t be used.