Appeal on forced Elyria Days Inn closure in mediation

ELYRIA — Days Inn and Elyria remain in mediation over an appeal of the forced shutdown of the hotel. In November, Lorain County Common Pleas Court Judge Chris Cook ordered a permanent injunction and one-year closing of the Days Inn at Lorain Boulevard. It was declared a nuisance property because of constant criminal activity of felony drug violations and instances of prostitution. Personal property involved in maintaining the nuisance was ordered to be sold at auction, but the real estate was not ordered to be sold. Days Inn appealed the shutdown order in December to the 9th District Court of Appeals. Elyria Law Director Amanda Deery said the Court of Appeals determined this would be a good case to send to mediation, and attorneys for both sides still are going through that process. Days Inn's attorneys did file a motion to stay the shutdown, but the court has not yet ruled. That part of the appeal is the most crucial part, said Shawn Desai, a Michigan-based attorney for Elyria Hotels Inc., the owners of Days Inn. If the stay is not granted, the whole appeal becomes moot. It could take a lot of time for the court to handle the appeal, Desai said. The one-year shutdown ends in November. By the time the appeal is finished, that time could have expired, Desai said. Elyria Assistant Law Director Erik Breunig said if the appeals process is still ongoing by Nov. 3, Days Inn could probably reopen the hotel. Desai said it was "heartbreaking" for the city that the hotel had to close, particularly since the Midway Mall area already has a lot of vacancies. "We're doing everything we can to try to work with the city to have the property reopened so it can be a productive business for the city," Desai said. "That involves the appeal process as well as discussions with city officials. We're confident that we are making positive steps toward renovating the property and having it opened as soon as possible." Days Inn was confused, he said, by the city's push to shut down the hotel during the summer, when there are usually travelers stopping in the city. He called the order to shut down "severe and sudden." Elyria police responded to calls for service at the hotel 670 times in the 30 months prior to a June 2020 hearing, Capt. William Pelko testified at that time. Two other nearby hotels saw a total of 73 calls in that same time period, Pelko said. Since the ordered closure, Pelko said they haven't had any issues with the property. Deery said it's ideal the hotel is shut down during the appeals process so it still isn't causing a nuisance for the city. However, Deery said ideally she would like to see Days Inn become a productive part of the city. Contact Laina Yost at (440) 329-7121 or lyost@chroniclet.com.