Court of Appeals of Ohio, Fifth District, Tuscarawas
MUNICIPAL SERVICES CORP. Plaintiff-Appellant
HALL COMMUNITY DEVELOPMENT LLC Defendant-Appellee
from the Tuscarawas County Court of Common Pleas, Case No.
2017 CV 05 0326
Plaintiff-Appellant: MAX W. THOMAS.
Defendant-Appellee: CRAIG G. PELINI.
JUDGES: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman,
J., Hon. Patricia A. Delaney, J.
Plaintiff-Appellant Municipal Services Corporation appeals
the July 11, 2018 judgment entry of the Tuscarawas County
Court of Common Pleas.
AND PROCEDURAL HISTORY
Tony Danzo is the CEO of Plaintiff-Appellant Municipal
Services Corporation. Danzo is a rehabilitation specialist
and provides housing inspection and field construction
management services. Defendant-Appellee Hall Community
Development, LLC, owned and operated by Rebecca and Ted Hall,
writes and administers government-funded grants for community
development projects, such as home repairs, housing
rehabilitation, and community facility improvements. Hall
Community Development contracted with Municipal Services
because it needed a rehab inspector for its community
development business. On November 9, 2015, Municipal Services
and Hall Community Development entered into a contract for
Municipal Services to provide inspection and field
construction management services for Hall Community
The November 9, 2015 Contract states in pertinent part:
Tony Danzo operating as Municipal Services Corporation agrees
to provide inspection and Field Construction Management
Services as a subcontractor to Hall Community Development
LLC, who is under contract to provide administration and
implementation services to a number of communities and needs
to subcontract for Inspection and Field Construction
Management Services to meet contract obligations.
Also as part of providing Rehabilitation Specialist and
housing inspection and field construction management
services, Mr. Danzo agrees to the following:
1. To allow his Resume or Qualification Form to be included
in any grant application in which Hall Community Development
LLC has an interest. Correspondingly, if Mr. Danzo's
resume is included as a housing rehab specialist for an
RFP/RFQ request or for a grant application, then it also
understood that if the grant is funded, Mr. Danzo's
services will be utilized as the housing rehab specialist
provided his performance is in compliance with program
As a sub-contractor to Hall Community Development LLC,
Municipal Services Corporation will regularly submit an
invoice for payment, detailing the items completed for each
unit and itemized by community or grantee during that
invoicing period. Payment for the invoice will be 30 days
after date of the invoice. The compensation for each ...