A Trumbull County judge has ordered the owner of Valley View Antiques to pay more than $60,000 to the owner of the former Valley View Department Store property to resolve a civil case filed over damage to the building the antique store had been housed in.
Brian Dilley of Sharon operated Valley View Antiques from the former Cortland Bank building, 7325 Warren Sharon Road, Brookfield. In the spring of 2020, two storms damaged the roof and the electrical service to the building. Dilley filed an application in Trumbull County Eastern District Court for permission to put his rent in escrow until repairs were made.
Trumbull County Eastern District Court Judge Marty Nosich transferred the action to common pleas court because the amount of money involved exceeded his authority.
Property owner Brookfield Plaza LP filed a motion to dismiss the application, arguing the escrow request is only valid for residential properties, not commercial properties, and that the lease required Dilley to make repairs.
In June, Judge Cynthia Rice agreed with Brookfield Plaza and dismissed the suit, letting a counterclaim that Dilley breached the rental contract to proceed.
On Feb. 12, Rice ruled that: Dilley violated the contract by failing to obtain property insurance with Brookfield Plaza named as an additional insured party; make repairs; or pay rent.
Rice ordered that Dilley reimburse Brookfield Plaza $28,800 for repairs to the roof; pay $38,215 in rent; pay 8 percent interest; and pay Brookfield Plaza’s counterclaim costs.
