CV-2017-11-4756 CMCO 11/14/2017 20:21:35 PM CORRIGALL JONES, Page

AMY 1 of 8

IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO

SAMUEL ADKINS CASE:

85 Kent Place
Akron OH 44305
Judge
KIMBERLY ADKINS
85 Kent Place
Akron OH 44305
Plaintiffs COMPLAINT FOR DAMAGES
V. FOR NUISANCE AND FOR
THE HOMELESS CHARITY INC. PRELIMINARY INJUNCTION
c/o Sage Lewis, Statutory Agent
DBA Second Chance Village
15 Broad St.
Akron OH 44305
And
SAGE LEWIS LLC
c/o Sage Lewis
15 Broad St.
Akron OH 44305
And
Sage Lewis
15 Broad St.
Akron OH 44305
Defendants

NOW COME Plaintiffs, Samuel Adkins and Kimberly Adkins, by and through undersigned counsel,
and for their complaint state:

Sandra Kurt, Summit County Clerk of Courts

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1. At all times mentioned in this complaint, Plaintiff Samuel Adkins was Trustee of the Adkins
Living Trust, Dated October 25th 2013. Said Trust is the owner in fee simple of certain real
property situated at 85 Kent Place, Akron OH 44305, Summit County Parcel # 6800124.
2. At all times mentioned in this complaint, Plaintiff Kimberly Adkins was the wife of Samuel
Adkins and a beneficiary of the Adkins Living Trust. Kimberly Adkins resided in the home at 85
Kent Place, Akron OH 44305 with her husband.
3. At all times mentioned in this complaint, Defendant Sage Lewis LLC, an Ohio Limited Liability
Corporation, was the owner of certain real property known as 15 Broad Street, Akron OH 44305.
Sage Lewis is the sole member of Sage Lewis LLC and as such, controls and ratifies all actions of
the company.
4. Defendant The Homeless Charity, Inc. Is an Ohio not for profit corporation, incorporated by Sage
Lewis. Defendant Sage Lewis is also the registered agent for the corporation. The Homeless
Charity Inc. operates and solicits donations to support a camp for homeless individuals, known as
the Second Chance Village, on the property owned by Sage Lewis LLC at 15 Broad Street, Akron
OH 44305. The Homeless Charity Inc. Maintains offices and conducts business at 15 Broad
Street, Akron OH 44305 (Broad St. Property).
5. Defendant Sage Lewis controls, manages and operates various businesses and activities at the
Broad St. property. The establishment of the year round campground located on the off street
grounds of the property features dozens of tents and a number of recreational vehicles that have
become the residences of a very large group persons invited by Mr. Lewis. This camp was
organized at the behest of Mr. Sage Lewis. The camp is not properly licensed by the Ohio
Department of Health, the governing body authorized to regulate campgrounds. Therefore, the
camp is operating illegally. R.C. 3701-26 (z) defines a recreational camp, in part, as "any tract of
land upon which five or more portable camping units are placed and includes any roadway,
building, structure, vehicle or enclosure used or intended to be used as part of the facilities..."
6. The real property located at 15 Broad St. is not zoned for residential use, nor for use as a camping
facility. The building, which is Zoned Commercial U-3, retail business, currently houses showers
and restroom facilities for the camp residents. It also contains sleeping quarters for some residents
designated as camp leaders by Defendants. Defendants' use of the Broad St. property is in
violation of the City of Akron Zoning Code Chapter 153.
7. This Court has jurisdiction to hear this matter pursuant to O.R.C. 2305.01.
8. Venue is proper under Civ.R. 3(B).

BACKGROUND

Sandra Kurt, Summit County Clerk of Courts

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AMY 3 of 8

9. In 2013, the Adkins purchased a single family brick home at 85 Kent Place in Akron. The
Adkins selected this particular home due to its unique location. Situated behind a retirement home
and a church, the location offered privacy and safety. It is the only home on the block and was
surrounded by a partially wooded field. The Adkins installed a large swimming pool and playsets
for their grandchildren who spend a considerable amount of time at their home. They had room
for a large garden and space for outdoor recreational activities. Mr. And Mrs. Adkins happily and
peacefully resided there for 3 years.
10. Commencing on or about February 1st, 2017 Mr. Lewis began allowing homeless individuals to
camp in tents on the Broad St. Property. The rear and side yards of the Adkins property directly
abut Mr. Lewis' property. As the weather grew warmer, more and more homeless persons began
to camp in tents within close proximity to the Adkins' home. Homeless persons engaged in loud
operation of saws and other equipment while clearing the land to make room for more tents,
including late at night. Several homeless persons have dogs that bark and are not restrained.
11. The homeless persons frequently harassed Mrs. Adkins, including hurling insults at her when she
was entering or leaving her home. The residents of the camp are within 20 feet of the Adkins'
door. Plaintiffs called the Akron Police on numerous occasions, to no avail.
12. However, the police have been summoned to the homeless camp, (which they refer to as "Tent
City") on numerous occasions to take reports of drug overdoses, thefts, and altercations. The
Defendants have created and continue to maintain an environment where criminal activity
flourishes. Noise, violence, illegal drug use, theft and disturbance of the peace and good order
continue to occur.
13. This sustained activity sanctioned by Mr. Lewis has created a safety hazard and annoyance to the
community, as well as a drain on the resources of the Akron Police.
14. The residents of the camp began building fires outdoors, causing noxious odors and smoke to
drift into the Plaintiffs' home. The Akron Fire Dept. is burdened by calls regarding fires at the
Broad St. Location. There is an ongoing issue of accumulating trash and debris, which creates a
health hazard.
15. On or about July 1st 2017, the Adkins decided that their home was no longer a safe place to live.
They were deprived of sleep from the constant noise and activity. They were threatened by the
fact that convicted criminals were residing in the rear and side of their home. They could no
longer use and enjoy their pool, or allow their grandchildren to play on the swingset or in the
yard.

Sandra Kurt, Summit County Clerk of Courts

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AMY 4 of 8

16. After attempting to reason with Mr. Lewis, the Adkins decided that they had no choice but to
relocate for their safety and the safety of their grandchildren, which was a significant financial
burden. The Adkins rented another home and bore the expense of moving.
17. Mr. And Mrs. Adkins are unable to sell their home for a reasonable price, or even rent their home
at 85 Kent Place as it is now surrounded by the homeless encampment.

FIRST CAUSE OF ACTION

(Private Nuisance per se)

18. Plaintiffs reallege and reassert paragraphs one through seventeen.

19. Defendants intentionally created an absolute nuisance by establishing and continuing to
operate an unlicensed camp for homeless individuals on property they own and/or control.
20. Defendants knew or should have known that the establishment of this camp on a
Commercially zoned property abutting Plaintiffs property would result in a situation that
intrudes on Plaintiffs' privacy, and clearly causes the extreme ongoing physical
discomfort of Plaintiffs.
21. Defendants knew or should have known that the presence of the homeless camp would result
in a significant obstruction to Plaintiffs free use and enjoyment of their property.
22. Defendants knowingly ratified, authorized, or participated in these actions. Defendants'
conduct is intentional, unreasonable and malicious. Plaintiffs were damaged as a result.

SECOND CAUSE OF ACTION

(Intentional Infliction of Emotional Distress)

23. Plaintiffs reallege and reassert paragraphs one through twenty two.
24. Defendants intentionally and recklessly invited homeless individuals, including convicted
criminals and individuals known to use illegal drugs, to camp on their property.
25. Defendants knew that the presence of this large group of individuals in close proximity to
Plaintiffs residence would cause physical discomfort as well as other detrimental harm to the
emotional well-being and physical safety of Plaintiffs.

Sandra Kurt, Summit County Clerk of Courts

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26. Defendants' refusal to cure the problem and relocate these individuals from the property was in
total disregard for the well-being of Plaintiffs. Defendants conduct is extreme and
outrageous. Defendants knowingly ratified, participated in or authorized these malicious actions.
27. Defendants conduct is the direct cause of Plaintiffs severe emotional distress, which includes
but is not limited to fear, anxiety, stress, and depression.

THIRD CAUSE OF ACTION

(Diminution of Property)
27. Plaintiffs reallege and reassert paragraphs one through twenty-six.
28. Defendants' improper and illegal establishment of a camp for homeless individuals on their
property has resulted in a substantial decrease in the value of Plaintiffs property.
29. The ongoing noise, commotion, unsightly and hazardous conditions at the camp as well as the
presence of a criminal element has directly caused an ongoing diminution of Plaintiffs property
value.
30. Defendants knowingly ratified, participated in or authorized these malicious actions.

FOURTH CAUSE OF ACTION

(Trespass)

31. Plaintiffs reallege and reassert paragraphs one through thirty.

32. The residents of the Second Chance Village have intentionally physically entered upon Plaintiffs
property and inside Plaintiff's home by force without Plaintiffs permission or license. This
Trespass was unlawful.
33. Noxious odors and smoke emanating from Defendants' camp have invaded Plaintiffs property
without their permission, and Plaintiffs have suffered damages as a result.
34. Defendants knowingly ratified, authorized or participated in these malicious actions.

FIFTH CAUSE OF ACTION

( Public Nuisance)
35. Plaintiffs reallege and reassert paragraphs one through thirty-four.

Sandra Kurt, Summit County Clerk of Courts

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35. Since March, 2017 the Broad St. Location has been and continues to be a place where noise,
violence, theft, illegal drug use and disturbance of the peace have occurred, requiring the
response of the Akron Fire Department, the Akron Police Department, and various other
public agencies.
36. Defendants have created and continue to maintain this environment of illegal activity.
37. This has created an annoyance to the community and a public nuisance under R.C. 3767.41.
Defendants knowingly ratified, authorized and participated in these malicious actions.
38. Plaintiffs have suffered a particular harm due and unique damages to this public nuisance; the
loss of the use and enjoyment of their property as well as the inability to sell their property.

SIXTH CAUSE OF ACTION

(Conversion)
39. Plaintiffs reallege and reassert paragraphs one through thirty-eight.
40. Plaintiffs have the exclusive right to possession of all personal property on the premises at 85
Kent Place.
41. On or about November 4th, 2017, Defendants allowed the members of their camp to exercise
dominion and control over Plaintiffs property by burglarizing their home, and removing
Plaintiffs' personal property, including but not limited to food, various decorative items, lawn
implements, and rubbish containers. Said items can now be seen in use at the Second Chance
Village. Although the Akron Police were able to recover some items of Plaintiff's personal
property, other items are still in use by the Second Chance Village residents.
42. This intentional interference continues to deprive Plaintiffs of the use and possession of their
lawful property.
43. Plaintiffs have been damaged and continue to be damaged by the malicious actions of the
residents, which were ratified by Defendants.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully demand Judgment from this honorable Court that:

1. Finds, as a matter of law that the premises and abutting land at 15 Broad St., Akron OH 44305 is
a nuisance as defined by R.C. Section 3767.41 and at common law.

Sandra Kurt, Summit County Clerk of Courts

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2. Grants Plaintiffs an injunction pursuant to R.C. 3767.05 and at common law which enjoins
Defendants and any other persons from maintaining the nuisance, and particularly
a. Orders that the hazardous and unsanitary conditions at the premises be abated,
b. Orders all recreational vehicles and tents to be removed from the premises,
c. Orders Defendants to comply with all Zoning and Health regulations.
3. Awards Plaintiffs compensatory damages in an amount in excess of fifty thousand dollars
($50,000) .
4. Awards Plaintiffs punitive damages in an amount in excess of fifty thousand dollars ($50,000).
5. Award Plaintiff costs of this action, including attorney fees, in an amount this court finds
reasonable.

/s/ Daniel L. Doverspike .

Daniel L. Doverspike (0091971)
P.O. Box 1788
Stow, OH 44224
dan@dandoverspike.com

Sandra Kurt, Summit County Clerk of Courts

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AMY 8 of 8

Sandra Kurt, Summit County Clerk of Courts