Staff file photo Rehabilitation work at 20 Federal Place, above, caused damage to neighboring Wick Tower, Wick owners allege.

YOUNGSTOWN — The owner of Wick Tower is suing Youngstown contending extensive damage occurred to a stairwell because of construction work at the adjoining 20 Federal Place, a city-owned building.

The lawsuit, filed Wednesday in Mahoning County Common Pleas Court by Wick Properties LLC, claims the city violated an easement agreement of the stairwell during demolition and asbestos remediation at 20 Federal Place.

“As a direct and proximate result of the defendant’s breach of contract and failure to maintain this easement area, plaintiff’s stairwell, which was connected to the easement area, was caused to sustain a severe water break on or about Jan. 28, causing extensive damage, including but not limited to approximately $82,000 in uncovered repairs within its insurance deductible,” wrote Gregg Rossi, Wick Properties’ attorney.

Rossi added that his client “likely will incur additional expenses to remedy the damage caused by defendant’s actions.”

Wick Tower, 34 W. Federal St., has 52 residential units and some commercial tenants.

Erie Terminal Place LLC, a Wick Properties LLC sister company, settled a lawsuit with Youngstown in May for damage caused to its building’s facade, marble and walls by jackhammering during the project at 20 Federal Place, located at 20 W. Federal St.

But the city has yet to pay the $40,000 for the damage. Marucci & Gaffney Excavating Co. of Youngstown, through its insurance company, agreed to pay $80,000 to Erie Terminal Place, 112 W. Commerce St.

The 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.

The $40,000 payment of the settlement has never been sponsored by Mayor Jamael Tito Brown at a city council meeting. It is also not on city council’s agenda for Wednesday, its next meeting.

Downtown developer Dominic Marchionda is listed as the manager and agent for Wick Properties LLC on documents with the Ohio Secretary of State’s Office. His wife, Jacqueline, 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.

Marchionda, Bozanich and U.S. Campus Suites LLC all pleaded guilty to felonies after taking deals to reduced charges on Aug. 7, 2020. Charges against Erie Terminal Place were dismissed as part of a plea deal.

Attorneys for Marchionda and his two companies as well as Bozanich have responded in court documents that the lawsuit should be dismissed because it is past the statute of limitation and barred by a previous plea bargain agreement, among other issues.

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

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

The city purchased 20 Federal Place in November 2004 after Phar-Mor, a national retail store company, went out of business. The property was the Phar-Mor Centre, the company’s corporate headquarters. Before that, the 332,000-square-foot building was the flagship location of Strouss’ department store for many decades.

There were 19 tenants, taking up about 20% of the building, before eviction notices were sent in July 2022. Some tenants were given an extension before leaving.

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.

The building’s future is uncertain.