NAILAH K.

BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

New Case Electronically Filed: COMPLAINT

July 2,2021 08:56

By: CHRISTINA C. TIZZANO 0090138

Confirmation Nbr. 2291525

BROOKS JONES, ET AL. CV 21 949476

vs.
Judge: SHANNON M. GALLAGHER
MARY LYNNE NEWSOME, ET AL.

Pages Filed: 16

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 IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

BROOKS JONES ) CASE NO.

2299 Grandview Avenue )
Cleveland Heights, Ohio 44106 ) JUDGE
)
and )
) COMPLAINT FOR PRIVATE
) NUISANCE, INTENTIONAL TORT,
MIKA JONES
) INJUNCTION AND MONETARY
2299 Grandview Avenue
) RELIEF
Cleveland Heights, Ohio 44106
)
Plaintiffs, ) (Jury Demand Endorsed Hereon)
)
vs. )
)
MARY LYNNE NEWSOME )
2289 Grandview Avenue )
Cleveland Heights, Ohio 44106 )
)
and )
)
PAUL SCHAMBS )
2289 Grandview Avenue )
Cleveland Heights, Ohio 44106 )
)
Defendants. )
)
INTRODUCTION

1. Plaintiffs Brooks and Milica (“Mika”) Jones are husband and wife, who reside at 2299

Grandview Avenue in Cleveland Heights, Cuyahoga County, Ohio (“Jones Property”),

which real property was acquired by Grandview Place LLC in 2006, and is also known as

Cuyahoga County Permanent Parcel number 685-27-056. See Exhibit A.

2. Grandview Place LLC is an Ohio limited liability company duly licensed by the state of

Ohio, and Plaintiff Mika Jones is its sole member. See Exhibit B.

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 3. At all times pertinent to this action, Plaintiffs Brooks and Mika Jones have resided and

continue to reside at the Jones Property, which is comprised of four (4) units, and the

Joneses occupy the top floor (“Jones Residence”).

4. Defendant Mary Lynne Newsome is the owner of the real property located at 2289

Grandview Avenue, Cleveland Heights, Cuyahoga County, Ohio (“Newsome Property”).

See Exhibit C.

5. Defendant Newsome resides at the Newsome Property, also known as Cuyahoga County

Permanent Parcel number 685-27-054, with Defendant Paul Schambs.

6. The Jones Property and the Newsome Property are each 1/8-acre rectangular lots

(approximately 40 feet frontage on Grandview Avenue, and 138 feet deep), and the

surrounding neighborhood is characterized as densely populated suburban/urban.

7. The Newsome Property is two parcels north of the Jones Property, and the properties are

separated by a single parcel (2295 Grandview Avenue), which is also approximately 40

feet wide fronting on Grandview Avenue.

8. The dwelling at 2295 Grandview Avenue has central air conditioning, it is primarily used

for student/transient housing, and it is often vacant for several months at a time, in between

yearly tenants. 2295 Grandview Avenue does not physically stand in the path of the

smoke and fumes emitted by the commercial sized woodfired pizza oven on Defendant’s

property, which oven is the subject of this action.

9. The Joneses’ main living area (kitchen, living room, family room and back porch), where

they spend most of their time, is situated on the northern property line of the Jones Property,

directly facing the Oven (defined below), in line with the Oven’s chimney and in the path

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 of the smoke and fumes emanated therefrom. The Joneses live with windows and porch

doors open seven months out of the year and do not have central air conditioning.

10. In 2017, Defendant Schambs constructed a commercial sized woodfired pizza oven

(“Oven”) on the Newsome Property. See Exhibit D.

11. The Oven is not regulated by the Cleveland Heights zoning ordinance because it is not

considered a “structure”.

12. Defendant Newsome permitted Defendant Schambs to construct the Oven on the Newsome

Property. Defendant Newsome has permitted Schambs to continue to operate the Oven on

the Newsome Property and has neither requested nor required Defendant Schambs to

remove or cease use of the Oven.

13. On or about May 23, 2017, Defendant Schambs first used the Oven and filled the Jones

Residence with smoke and fumes. This incident was the first of many such incidents,

beginning in May of 2017, continuing through the present, and expected to continue unless

enjoined and/or abated.

14. On or about May 23, 2017, Plaintiff Brooks Jones informed Defendant Schambs that his

use of the Oven filled the Jones Residence with smoke and fumes.

15. During and after subsequent uses of the Oven, the Joneses informed Defendants that use

and operation of the Oven fills the Jones Residence with smoke and fumes and causes the

Joneses significant physical discomfort and emotional distress.

16. When the Oven is used, it typically burns between three and ten hours. Heating the oven

to cooking temperature (between 600° and 900° Fahrenheit) is a process that appears to

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 take several hours, since the Joneses have observed that cooking doesn’t begin until three

to five hours after the initial lighting.

17. When the oven is being brought up to cooking temperature, there are periods of intense

smoke and fumes that are visibly white, opaque, and billowing. The thick smoke dissipates

on certain occasions, and the smoke and fumes emanating from the Oven’s chimney are

less visible.

18. Regardless of the presence or absence of visible smoke, the Oven releases noxious fumes

and odors at all times it is being used and operated.

19. Throughout the three to ten hours of typical use and operation of the Oven on a given day,

the billowing white smoke is a recurring condition, as wood is added to the Oven and/or as

the fire inside the Oven is stoked.

20. The periods of intense, thick smoke can last twenty minutes or more. During and between

periods of thick, billowing smoke, the smoke and fumes infiltrate and remain present inside

the Jones Residence.

21. The smoke and fumes that infiltrate and linger in the Jones Residence are offensive to the

senses and would offend a person of ordinary sensibility.

22. On many occasions, Defendants’ use and operation of the Oven has caused intolerable

smoke and fumes at the Jones Residence, such that the Joneses left the Jones Residence

and the Jones Property, including on the following occasions, without limitation: several

consecutive days in April of 2019, Saturday, May 5, 2019, Monday, May 27, 2019, Friday,

June 21, 2019, Saturday, August 3, 2019, Friday, August 23, 2019, Thursday, August 29,

2019, Saturday, January 18, 2020, Sunday, March 15, 2020, Wednesday, March 25, 2020,

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 Saturday, April 4, 2020, Friday, May 1, 2020, Saturday, May 22, 2021, Sunday, June 14,

2020.

23. On Saturday, June 13, 2020, and again on Sunday, July 5, 2020, when the Joneses had

guests visiting for special occasions, Defendants’ use and maintenance of the Oven caused

intolerable smoke and fumes at the Jones Residence, such that the Joneses left the Jones

Residence and sat and finished their meals in their driveway with their guests, to minimize

the impact of the smoke and fumes.

24. On many occasions, Defendants’ use and operation of the Oven has caused intolerable

smoke and fumes at the Jones Residence, and has caused significant physical discomfort,

mental anguish, and loss of use and enjoyment of the Jones Residence and the Jones

Property, including the following occasions, without limitation:, Thursday, November 28,

2019, Sunday, January 19, 2020, Friday, May 1, 2020, Saturday, May 9, 2020, Sunday,

May 31, 2020, Saturday, June 20, 2020, Sunday, June 21, 2020, Monday, June 29, 2020,

Sunday, July 12, 2020, Monday, July 13, 2020, Friday, July 24, 2020, Wednesday, August

19, 2020, Saturday, August 29, 2020, Saturday, October 10, 2020, Sunday, October 11,

2020, Thursday, March 7, 2021, Tuesday, March 12, 2021, and Wednesday, March 13,

2021,

25. The Joneses’ significant physical discomfort caused by Defendants’ use, maintenance and

operation of the Oven includes coughing, sore throat, phlegm, headaches, burning eyes,

dizziness, lightheadedness, fogginess, heart palpitations and sore lungs; the effects of the

smoke and fumes last for a few days. Smoke odors linger on the Joneses’ clothing and

hair and on their pets’ fur.

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 26. The smoke and fumes from the Oven disrupt the Joneses’ use and enjoyment of the Jones

Residence for cooking and eating, sitting and reading, sitting on their back porch and in

their living room, exercise, and many other aspects of the Joneses’ daily life.

27. The smoke and fumes from the Oven disrupt and prevent the Joneses’ social and family

gatherings including holiday events at the Jones Property and the Jones Residence.

First Cause of Action

Private Nuisance (Negligence)

28. Defendants’ owe the Joneses a duty to use and conduct their activities on the Newsome

Property in a reasonable manner.

29. Defendants breached their duty of reasonable care owned to the Joneses in their use,

operation and maintenance of the oven as alleged herein.

30. From and after May 2017 through the present, Defendants’ use, operation, and maintenance

of the Oven has injured and continues to injure the Joneses by causing significant physical

discomfort, mental anguish, and loss of use and enjoyment of the Jones Residence and the

Jones Property.

31. The Joneses anticipate that Defendants’ future use, operation and maintenance of the Oven

will continue to cause them significant physical discomfort, mental anguish, and loss of

use and enjoyment of their home and property, unless it is enjoined/abated.

32. Defendants’ activities as alleged herein have caused the Joneses, annoyance,

embarrassment and inconvenience.

33. Defendants’ activities as alleged herein have impaired the value of the use of the Jones

Property and the Jones Residence.

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 34. Defendants’ activities as alleged herein have impaired the value of the Jones Property and

the Jones Residence, including resale and rental values.

35. Defendants knew or should have known that their use, operation and maintenance of the

Oven as alleged herein was likely to cause injury.

36. Defendants’ use, operation and maintenance of the Oven was negligent.

37. Plaintiffs have suffered damages and are entitled to compensation arising from Defendants’

conduct.

Second Cause of Action

Intentional Tort

38. Plaintiffs restate as if fully rewritten Paragraphs 1 through 37 above.

39. Defendants’ use, operation and maintenance of the Oven was intentional.

40. Defendants knew or should have known that their use, operation and maintenance of the

Oven as alleged herein was likely to cause injury.

41. Defendants’ use and operation of the Oven was malicious, after notice that the smoke and

fumes emanating therefrom caused the Joneses significant physical discomfort and mental

anguish.

42. As alleged herein, from and after May 2017, Defendants’ continued to use and operate the

Oven in a spirit of hatred, ill will or revenge.

43. As alleged herein, from and after May 2017, Defendants’ continued to use and operate the

Oven with a conscious disregard for the rights and safety of the Joneses.

44. Based on the size and location of the Oven and its chimney, the cooking temperature used,

the frequency and duration of use of the Oven, and the method of cooking, including the

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 fueling, stoking and relighting process and the fuel material (wood), Defendants’ use of the

Oven has a great probability of causing substantial harm.

45. Defendants made a police report with the Cleveland Heights Police Department on July 4,

2019, which states, “for the past three years.. ..Brooks and Mika Jones” have “been

constantly contacting them about” the Oven because “the oven lets off too much smoke

and smells bad.” Further complaining, Defendants’ stated that the Joneses “have resorted

to calling 911 whenever the pizza oven is being used.” See Exhibit D.

46. The report contained false statements and was intended to harass and intimidate the

Joneses.

47. Defendants sent written correspondence dated July 1, 2019 to Cleveland Heights City

Council that contained false statements, including that the Joneses were harassing

Defendants. See Exhibit E.

48. This correspondence contained false statements and was intended to harass and intimidate

the Joneses.

49. When Plaintiffs requested that the Defendants utilize a chimney extension, Defendants

refused because the chimney extension would affect the quality of the pizza.

50. When Plaintiffs requested that the Defendants participate in mediation to determine

whether an amicable solution could be reached to alleviate effect of the smoke and fumes

on the Joneses, Defendants refused.

51. When Plaintiffs sent correspondence and attempted to contact the Defendants to engage in

prelitigation discussions to amicably resolve this dispute, Defendants failed to respond to

the correspondence and failed to return a single call.

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 52. Defendants’ conduct as alleged herein demonstrates malice and entitles Plaintiffs to an

award of compensatory and punitive damages.

Third Cause of Action

Injunctive Relief

53. Plaintiffs restate as if fully rewritten Paragraphs 1 through 52 above.

54. As alleged herein, Plaintiffs have been affected by the nuisance to a substantial and material

degree.

55. The injury Plaintiffs have suffered, continue to suffer, and will suffer if the activities are

not abated is irreparable as to which there is no plain, adequate and complete remedy at

law.

56. Defendants’ activities present a clear right to injunctive relief in Plaintiffs, and Plaintiffs

are entitled to the equitable relief of a preliminary and permanent injunction.

WHEREFORE, Plaintiffs Brooks Jones and Mika Jones pray for relief and judgment as

follows:

(A) Damages from Defendant Paul Schambs and Defendant Mary Lynne Newsome in

excess of $25,000;

(B) Preliminary and permanent injunctive relief abating the nuisance activities;

(C) Punitive damages against Defendant Paul Schambs and Defendant Mary Lynne

Newsome in an amount to be determined at trial;

(D) That Plaintiffs recover their reasonable attorneys’ fees from Defendant Paul

Schambs and Defendant Mary Lynne Newsome;

(E) That Defendants be charged with the costs of the action; and

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 (F) Such other and further relief as is just and warranted.

Respectfully submitted,

CHILCOTE & WRIGHT LLP

/s/Christina C. Tizzano_________
Lee A. Chilcote (0009641)
Christina C. Tizzano (0090138)
12434 Cedar Road, Suite 7
Cleveland Heights, Ohio 44106
Phone: (216) 795-4117
Fax: (216) 795-4245
E-Mail: [email protected]
E-Mail: [email protected]

Attorneysfor Plaintiffs Brooks Jones and Mika Jones

10

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 JURY DEMAND

Plaintiffs Brooks Jones and Mika Jones hereby demand a trial by a jury.

CHILCOTE & WRIGHT LLP

/s/Christina C. Tizzano_________
Lee A. Chilcote (0009641)
Christina C. Tizzano (0090138)

Attorneysfor Plaintiffs Brooks Jones and Mika Jones

11

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 INSTRUCTIONS FOR SERVICE

Please serve the Defendants via certified mail delivery to:

MARY LYNN NEWSOME

2289 Grandview Avenue
Cleveland Heights, Ohio 44106

and

PAUL SCHAMBS
2289 Grandview Avenue
Cleveland Heights, Ohio 44106

CHILCOTE & WRIGHT LLP

/s/ Christina C. Tizzano__________

Lee A. Chilcote, Esq. (0009641)
Christina C. Tizzano, Esq. (0090138)
Chilcote Law Firm LLP
12434 Cedar Road, Suite 7
Cleveland Heights, Ohio 44106
Telephone: (216) 795-4117
Facsimile: (216) 795-4245
E-mail: [email protected]
E-mail: [email protected]

Attorneysfor Plaintiffs Brooks Jones and Mika Jones

12

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 EXHIBIT A

Q MyPLACE Cuyahoga County, Ohio - Property Summary Report

Parcel: 685-27-056
Owner GRANDVIEW PLACE LLC
Address 2299 GRANDVIEW AVE
CLEVELAND HEIGHTS, OH. 44106
Land Use (4090) C - 4- 6 UNIT APARTMENTS
Legal Description 413 CED HTS 0047 ALL
Neighborhood Code 30178

SKETCH MAP VIEW

Map Image

BUILDING INFORMATION

Building ID 1 Construction Class CLASS C Basement Type FULL

Total Story Height 2 Usable Area 3,690 Condition AVERAGE
Date Built 1918 Date Remodeled Exterior Walls BRICK
Framing FIRE RESISTANT Roof Type FLAT Roof Covering COMPOSITION
Office Area Mezzanine Area Mezzanine Finish
Wall Height 8 Heat Type HOT-WATR/STM Air Conditioning NONE
Office Finish Retail Area Retail Finish

LAND VALUATION
|Code [[Frontage Depth Acreage Sq Ft Taxable Exempt Abated Assessed
2020 Values
PRM 40 0.13 5,520 Market Value Market Value Market Value Taxable Value
Land Value $19,300 $0 $0 $6,760
Building Value $148,300 $0 $0 $51,910
Total Value $167,600 $0 $0 $58,670
Land Use 4090 APARTMENTS 1-6 UNITS

PERMITS IMPROVEMENTS
[Tax Year"|Reason ~|[Tax Change |[Exempt Change ~|[Percent Complete |Reinspect |[Notes | [Type "[[Description 1lSize "[ Height Depth
290 APT/GARAGE 540 SQUARE FEET
200 PAVING 700 SQUARE FEET

SALES
[Date I Buyer I Seller [Price |
12/5/2017 GRANDVIEW PLACE LLC JONES, MILICA $0
5/23/2006 JONES, MILICA Simpson Jacqueline $224,900
1/15/1986 Simpson Jacqueline Greene Richard B $106,000
10/10/1979 Greene Richard B Turetsky Howard F & Lida $88,600
6/1/1979 Turetsky Howard F & Lida Benkovic Vacla $83,000
7/29/1977 Benkovic Vacla Davis Wiliam $60,500
4/28/1977 Davis Wiliam Papp Laddie R $430,000
1/1/1975 Papp Laddie R $0

Taxes
| 2020 Taxes ~|| Charges Payments Balance Due
Tax Balance Summary $14,331.26 $6,413.73 $7,917.53

Electronically Filed 07/02/2021 08:56 / / CV 21 949476 / Confirmation Nbr. 2291525 / CLAJB

Information included on this report is believed to be accurate, but is not guaranteed. Cuyahoga County is not liable for errors or t
 ■-------------- 1 EXHIBIT B

Frank
I
LaRose
iSCfitt I
©&? Secretary
Fri May 28 2021

Entity#: 4082869

Filing Type: DOMESTIC LIMITED LIABILITY COMPANY

Original Filing Date: 10/12/2017

Location: ---

Business Name: GRANDVIEW PLACE LLC

Status: Active

Exp. Date: -

Agent/Registrant Information
brooks jones, jr.
2299 grandview
Cleveland heights oh 44106
10/12/2017
Active

Filings

Filing Type Date of Filing Document ID

ARTICLES OF ORGNZTN/DOM. PROFIT LIM.LIAB. CO. 10/12/2017 201728601698

UNITED STATES OF AMERICA

STATE OF OHIO
OFFICE OF SECRETARY OF STATE
I, Frank LaRose, Secretary ofState of the State of Ohio, do hereby certify that this is a list
ofall records approved on this business entity and in the custody of the Secretary ofState.

Witness my hand and the seal of the

Secretary ofState at Columbus,
Ohio this 28th ofMay, A.D. 2021
Ohio Secretary ofState

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Page 1 of 1
 EXHIBIT D

(J MyPLACE Cuyahoga County, Ohio - Property Summary Report

Parcel: 685-27-054
Owner NEWSOME, MARY LYNNE
Address 2289 GRANDVIEW AVE
CLEVELAND HEIGHTS, OH. 44106
Land Use (5100) R - 1-FAMILY PLATTED LOT
Legal Description 413 CED HTS 0045 ALL
Neighborhood Code 12215

MAP VIEW
Map Image

BUILDING INFORMATION

Building Record Number 1 Occupancy 1-FAMILY Story Height 2

Style COLONIAL Year Built 1905 Exterior Walls FRAME
Condition AVERAGE Construction Quality B / GOOD Roof Type GABLE
Roof Material ASPH-SHINGLE Heat Type FORCED-AIR Air Conditioning NONE
Attic Type UNFINISHED Basement Type BASEMENT Basement Square Feet 852
Basement Finished No Rooms 7 Bedrooms 3
Bathrooms (Full/Half) 2/1 Garage Type DETACHED Garage Capacity 1
Year Garage Built 1961 Garage Size Living Area Basement
Living Area 1 1,004 Living Area 2 936 Living Area Upper
Living Area Total 1,940 Floor Location Party Wall

LAND VALUATION
|Code [[Frontage ~||Depth "[[Acreage ||Sq Ft Taxable Exempt Abated Assessed
2020 Values
PRM 40 138 0.13 5,520 Market Value Market Value Market Value Taxable Value
Land Value $37,600 $0 $0 $13,160
Building Value $129,300 $0 $0 $45,260
Total Value $166,900 $0 $0 $58,420
Land Use 5100 SINGLE FAMILY DWELLING

PERMITS IMPROVEMENTS
[Tax Year"|Reason ~|[Tax Change |[Exempt Change ~|[Percent Complete |Reinspect |[Notes | lType Description ]|Size [[Height Depth ]

SALES
[Date I Buyer I Seller [Price |
12/27/2013 NEWSOME, MARY LYNNE Burt Karen I $148,000
4/1/1981 Burt Karen I Kennedy Alice R $48,000
8/7/1980 Kennedy Alice R Kennedy William D & Alice R $0
1/1/1975 Kennedy William D & Alice R $0

Taxes
| 2020 Taxes Charges Payments Balance Due
Tax Balance Summary $5,794.56 $2,897.28 $2,897.28

Electronically Filed 07/02/2021 08:56 / / CV 21 949476 / Confirmation Nbr. 2291525 / CLAJB

Information included on this report is believed to be accurate, but is not guaranteed. Cuyahoga County is not liable for errors or t
 exhibit d

Electronically Filed 07/02/2021

08:56 / / CV 21 / Confirmation
Nbr 2291525 / CLAJB