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Developers and attorneys press Elyria leaders to resolve five-year delay on Reiser Point Crossing project
Summary
Developers for Reiser Point Crossing urged Elyria officials at the March 17 council meeting to end litigation and complete agreed remedial road and drainage work so a previously approved TIF-backed development can proceed; attorneys said the delay costs the city and school district millions.
Developers and their attorneys publicly appealed to Elyria City Council on March 17 to move forward with the long-stalled Reiser Point Crossing development, saying a mix of litigation and uncompleted remedial work is preventing construction of hundreds of housing units and commercial lots.
"Why can't we get a deal done that benefits the property, the city, the county, the school board and all other stakeholders?" asked David Lum, attorney for DVR Commercial Realty, during the public-comment portion of the meeting. He said DVR has worked on the project since 2019.
The developers' legal team told council members the planning commission approved an updated mixed-use plan in October 2024 and that the project would include about 422 townhomes and 14 one-acre commercial lots. Attorney Alan Schiefler presented materials showing the developer projects roughly $152 million in improved real-estate value from the buildout and estimated the Elyria school district would receive an estimated net present value of $12,276,000 over a 30-year TIF term.
"Every day that this project is delayed is a day further away that you have an opportunity to realize this money," Schiefler said, adding the city had already incurred nearly $5.6 million in costs tied to the site, including notes and legal fees.
Attorney Amanda Martinsic, also representing DVR, said the Lorain County Port Authority has indicated a willingness to issue TIF bonds to finance public improvements for the project. "If that construction could have happened, and when it does, construction will bring jobs to Elyria," she said.
City Law Director Deery cautioned council members that the matter remains in active litigation. He said the city recently won a motion to dismiss in the Hubert Oliver case in Lorain County Common Pleas Court, and noted the city has been in contact with the developer and counsel to explore options. Deery also advised council members that, because members are under subpoena in related litigation, they should refer detailed legal questions to designated attorneys handling the case.
Lum said the parties signed a settlement that required the city to complete remedial grading and drainage work by March 31, 2024; he asserted the city has not begun that work and that DVR began some remediation on its own, prompting a city counterclaim seeking a court order that DVR is not authorized to conduct the work.
The developer team asked the city to agree to a meeting that would include the mayor, council, department heads and counsel, with protections so discussions would not be used in litigation. Deery and other city officials said they would coordinate through the city’s legal counsel and that attorneys on both sides have been communicating.
Council did not take any formal action on the development at the meeting.
Reiser Point Crossing has been before Elyria officials and planning bodies for multiple years. Developers and their attorneys framed the delay as an opportunity cost to the city and the school district and asked for a path to resume remediation, finalize public improvements and begin construction.
