YOUNGSTOWN — A judge dismissed Youngstown’s $834,608 civil lawsuit against developer Dominic Marchionda, two of his companies and former city Finance Director David Bozanich at the request of the city.

Visiting Judge W. Wyatt McKay, who was overseeing the case in Mahoning County Common Pleas Court, agreed Monday to the city’s March 3 request to dismiss the case because the city failed to timely serve the defendants with the complaint.

McKay, a retired Trumbull County Common Pleas Court judge, agreed in a two-sentence judgment to “grant the motion and the entire case is dismissed without prejudice.”

Attorney Hillary F. DeSaussure, who represents the city in the case, wrote in the March 3 filing: “Upon court approval of this motion, plaintiff intends to immediately refile its complaint.”

That March 3 request came after all of the defendants filed Feb. 2 motions to dismiss because of the failure to serve them with the civil lawsuit complaint.

Douglas Ross – the attorney for Marchionda, U.S. Campus Suites LLC and Erie Terminal Place LLC – wrote in a Feb. 2 dismissal request that a Nov. 25, 2024, attempt by the Mahoning County clerk of courts to send summons and the complaint by certified mail to his clients and Bozanich were unsuccessful.

The city’s attorneys didn’t file a request until Dec. 2, 2025, for the clerk of courts to send the information to the defendants by regular mail.

Because the lawsuit was filed Nov. 21, 2024, more than a year passed before the defendants received the summons and complaint, which violates Ohio Rules of Civil Procedure and should result in the case being dismissed, Ross wrote.

Timothy Cunning, Bozanich’s attorney, filed a similar motion Feb. 2 for McKay to dismiss the case for the same reason.

Service of process issues have been a problem since Michael P. Ciccone took over in January 2025 as clerk of courts.

Also dismissed was the intervention status previously granted by McKay to Hartford Fire Insurance Co., Bozanich’s bonding company when he was city finance director.

Hartford paid $100,000 to the city as partial payment of the lawsuit against Bozanich and is seeking to get that money back from the former finance director. McKay on Oct. 14 dismissed Bozanich’s counterclaim against Hartford that it shouldn’t have paid the city.

The city filed the civil lawsuit seeking to recoup $834,608 it claimed was improperly taken in a “calculated scheme.”

Before seeking the dismissal for failure to timely serve the case, attorneys for Marchionda and his two companies as well as Bozanich responded in court documents that the lawsuit should be dismissed because it is past the statute of limitations and barred by a previous plea bargain agreement, among other issues.

Bozanich pleaded guilty Aug. 7, 2020, to one count each of bribery and tampering with records, both felonies, and two misdemeanor counts of unlawful compensation of a public official. Bozanich spent nearly a year in a state prison for his crimes.

On the same day, Marchionda pleaded guilty to four felony counts of tampering with records, all occurring on Oct. 6, 2011, admitting he used false invoices to get money from the city for his Erie Terminal Place downtown housing project to pay bills he owed for the Flats at Wick.

U.S. Campus Suites LLC pleaded guilty to a felony count of receiving stolen property for illegally obtaining money from the city. As part of the deal, charges against Erie Terminal Place LLC were dropped.

The city settled a separate lawsuit filed May 1, 2024, in Mahoning County Common Pleas Court by Erie Terminal Place LLC, for damage caused to that building’s facade, marble and walls by jackhammering during the project at the city-owned 20 Federal Place, located at 20 W. Federal St.

In the settlement, the city paid $40,000 for the damage with Marucci & Gaffney Excavating Co. of Youngstown, through its insurance company, paying $80,000.

Wick Properties LLC, also owned by Marchionda, sued the city on Oct. 8, claiming the violation of an easement agreement for a stairwell during the 20 Federal Place project.

The lawsuit contends about $82,000 “in uncovered repairs within its insurance deductible” occurred.

That case is still pending.