Judge Recuses Himself in Lawsuit Against Marchionda, Bozanich

YOUNGSTOWN, Ohio – Citing “a potential conflict of interest,” Judge Anthony D’Apolito has recused himself from hearing a lawsuit the city filed last week against businessman Dominic Marchionda, two of his companies and former city Finance Director David Bozanich.

No additional information was available. The order, signed Nov. 25, was filed the following day in the Mahoning County Court of Common Pleas.

The court requested that the administration judge reassign the case by lot, according to the filing.

According to a complaint filed Nov. 21, the city is seeking recovery of $834,608 related to a public corruption case that ended in plea agreements more than four years ago. The lawsuit names Bozanich, Marchionda, US Campus Suites LLC and Erie Terminal Place LLC as defendants. The case was assigned to D’Apolito’s courtroom.

D’Apolito’s order did not identify the potential conflict of interest. 

D’Apolito’s father, former Common Pleas Judge Lou D’Apolito, today serves as a deputy law director for the city of Youngstown. 

The corruption case, first filed in 2018, involved development projects that began 15 years ago. The case centered on the misappropriation of water and wastewater grant money intended for several development projects, including the Flats at Wick and redevelopment of the Erie Terminal, downtown.

The city alleges the defendants are liable for the misappropriated money.

In August 2020, Bozanich – who served as city finance director from 1993 to 2017 – pleaded guilty to one count each of records tampering and bribery, both felonies, and two misdemeanor charges of unlawful compensation of a public official. Bozanich served nearly one year in prison.

That same day, Marchionda pleaded guilty to four counts of tampering with records, all felonies, for creating false invoices to secure city grant money he said would be used for the Erie Terminal redevelopment project. Instead, the funds were used to pay invoices for the Flats at Wick development. He received five years’ probation. 

Marchionda’s company, US Campus Suites, pleaded guilty to one count of receiving stolen property, while criminal charges were dismissed against Erie Terminal Place.

Pictured at top: Dominic Marchionda and David Bozanich.

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