Contractor to appeal ruling favoring Menards
WARREN — The owner of DiPaolo Industrial Development says he will appeal a magistrate’s decision declaring Menards was right to deny his company payment for the demolition of the Walmart that once stood where the home improvement store now stands on Elm Road in Bazetta.
Walmart has built a new superstore on the other side of the Elm Road interchange with the state Route 5 / 82 bypass.
A hearing is scheduled June 13 before Magistrate Jami Bishop in Trumbull County Common Pleas Court to determine the amount of damages that will be awarded to Menards, according to court documents.
Bishop also dismissed Sergio DiPaolo’s counterclaim for defamation against the company.
Bishop found Menards had grounds to deny DiPaolo Industrial Development payment and cancel a contract with the company, and that DiPaolo’s company should be held responsible for the costs Menards incurred to hire McConnell Excavating — the company that built the new building — to complete the demolition.
The ruling also states DiPaolo’s company also should pay for $25,000 worth of fencing removed from the property and for legal costs Menards incurred in the lawsuit.
Menards paid $214,000 to DiPaolo Industrial Development and $137,000 to McConnell Excavating to complete work DiPaolo’s company was contracted to do, the decision states.
DiPaolo said he has video proof his company completed the work it was contracted to complete and he will appeal the decision to Judge W. Wyatt McKay and then to the 11th District Court of Appeals, if necessary.
Menards contracted with DiPaolo for $286,000 in October 2013.
DiPaolo said he believes the decision in the 2015 case was unfairly decided and there was a bias against him in the proceedings.
A message was left with the magistrate Wednesday afternoon.