NAILAH K.

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

Court of Common Pleas

New Case Electronically Filed: COMPLAINT

July 19,2023 14:05

By: MICHAEL P. MALONEY 0038661A

Confirmation Nbr. 2913370

STATE EX REE. CITY OF WESTLAKE LAW CV 23 982604

DIRECTOR MICHAE

vs.
Judge: JENNIFER O DONNELL
DOVER VILLAGE WESTLAKE, LLC, ET AL.

Pages Filed: 9

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 IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

STATE EX REL. CITY OF CASE NO.

WESTLAKE LAW DIRECTOR
MICHAEL P. MALONEY JUDGE:
27700 Hilliard Boulevard
Westlake, Ohio 44145

Relator-Plaintiff,

v.

DOVER VILLAGE WESTLAKE, LLC COMPLAINT FOR DECLARATION OF A

27000 Center Ridge Road PUBLIC NUISANCE, FOR
Westlake, Ohio 44145 PRELIMINARY INJUNCTION, AND FOR
PERMANENT INJUNCTIVE RELIEF
c/o INTERSTATE AGENT SERVICES,
LLC (RELATOR’S AFFIDAVIT ATTACHED)
250 East 5th Street, 15th Floor, Suite 2353
Cincinnati, Ohio 45202

Statutory Agent

-and-

KHALED ASKAR
26912 Center Ridge Road
Westlake, Ohio 44145

Respondents-Defendants.

PARTIES/GENERAL ALLEGATIONS

1. This Complaint concerns enforcement of the Ohio Revised Code (“O.R.C.”) Chapter

3767 et seq., other Revised Code provisions, and Ohio Common Law.

2. Relator-Plaintiff Michael P. Maloney is the duly-elected, sworn, Law Director and

Prosecuting Attorney for the City of Westlake, Ohio and is a party charged at both

common law and by R.C. §3767.03 with the prevention, prosecution, and abatement of

any public nuisance within the City of Westlake, Cuyahoga County, Ohio.

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 3. The business and real property that are the subject matter of this Complaint are located at

or about 26912 Center Ridge Road, part of Permanent Parcel No. 213-16-033, situated in

the City of Westlake, Cuyahoga County, Ohio (“Premises”).

4. Respondent-Defendant Dover Village Westlake, LLC (“Dover Village”) is the record

owner of the Premises by virtue of a deed, County Fiscal Office Document No,

202211100156 recorded with the Cuyahoga County Fiscal Officer on or about

November 10, 2022.

5. Respondents-Defendant Khaled Askar owns the business known as “Magic Flash” and

occupies the Premises as a tenant and/or has exerted operation, care and control over it,

since before Respondent Dover Village became the record owner.

FACTS IN SUPPORT OF COMPLAINT

6. On September 25, 2022, Crime Stoppers of Cuyahoga County received a tip, alleging

that “marijuana and psychedelic drugs” were being sold at Magic Flash by the business

owner, Khaled Askar.

7. The caller stated that Askar is “known to sell drugs to underage buyers and he keeps the

drugs in the store office room and possibly in his car”.

8. On October 25, 2022, the Westlake Police Department received a call from a parent in

Brunswick, Ohio, alleging that their 17 year old daughter was able to purchase alcohol at

Magic Flash without using a fake ID.

9. On November 23, 2022, Westlake Police Officers conducted a traffic detail in the area of

Center Ridge Road and Dover Center Road to address complaints of Magic Flash selling

tobacco products to minors.

10. While conducting the traffic detail, officers encountered multiple juveniles in possession

of vapes and other tobacco products. Officers stopped a vehicle for speeding on Center

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 Ridge Road near Walter Road, and smelled a vape. Officers interviewed the operator,

P.H. age 17, and the passenger, K.M, age 18, K,M, admitted to having a vape on his

person and turned it over to officers voluntarily. K.M. then consented to a search of his

person, in which the officer discovered a vape cartridge which he admitted contained

THC. Both P.H. and K.M. reported purchasing the vapes at Magic Flash in Westlake.

Later, another Westlake Police Officer was patrolling the area when he made a traffic

stop of a vehicle exiting the Magic Flash parking lot. The officer smelled raw and burnt

marijuana coming from the vehicle. In speaking with the parties of the vehicle, they

stated to the officer that they were coming from Magic Flash, where one of the juvenile

passengers purchased a pipe and a THC vape. Officers confiscated a glass pipe,

marijuana cigars, and two tobacco vapes.

11. Also on November 23, 2022, Officers went to Magic Flash to interview employees

working at the store after several traffic stops earlier in the day were made of patrons

leaving the store. Officers spoke with Magic Flash employee Erion Dauti, who gave

consent to search the store and remove all items that were determined to be illegal. The

items confiscated by officers include but are not limited to: eight sealed baggies of

marijuana weighing approximately 81 grams; drug paraphernalia to include a vacuum

sealer; and a number of vape pen cartridges.

12. The Westlake Police Department received numerous similar complaints involving Magic

Flash during November and December, 2022.

13. On February 1, 2023, a citizen filed a report with the Westlake Police Department stating

that her 17 year old daughter was able to purchase tobacco products and possibly CBD

from Khaled Askar at Magic Flash,

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 14. On February 2, 2023, Westlake Police made a traffic stop after witnessing what appeared

to be a vehicle of underage persons leaving Magic Flash. The operator and juvenile

passenger admitted to purchasing tobacco products from Magic Flash.

15. Again, on February 2, 2023, officers observed another vehicle exiting the Magic Flash

parking lot and made a traffic stop. During the stop, officers observed two tobacco

vapes in plain view near the gear shifter. The juvenile driver told officers he purchased

the tobacco products from a male named Khaled at Magic Flash.

16. After concluding the second traffic stop on February 2, 2023, officers went to the Magic

Flash store to interview employees. They interviewed employee Elias Poulos who stated

he was at the store by himself and that the owner, Khaled Askar, had just left. Police

asked Poulos to call Askar and ask him to come back to the store. When Askar arrived

back at the store, he was shown a photo of the juvenile the police had just stopped and

asked whether he sold the juvenile tobacco. Askar admitted to selling tobacco products

to the underage male without asking to see I.D. before completing the sale. Officers then

placed Askar under arrest for selling tobacco products to an underage person. (Rocky

River Municipal Court, Case No. 23 CRB 0173; Case No. 23 CRB 0272).

17. On February 21, 2023, a Westlake Police Officer took a report from Aaron Aune in the

police department lobby in reference to a theft complaint. Mr. Aune reported his wallet

stolen from an unsecured cubicle the Westlake Recreation Center. Aune had received a

notification while at the recreation center that his credit card was used to make a $169.00

purchase at Magic Flash. Aune had visited Magic Flash and viewed still photos that an

employee provided of the man who used his credit card. The male in question appears to

be a juvenile. The suspect was later identified using security footage from the

recreational center and other information. He was a juvenile.

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 18. On February 23, 2023, Westlake Police Department received an anonymous email

reporting that Magic Flash sells “drugs (pot and maybe more) to anyone who knows the

secret code word. Westlake high schoolers know it..

19. On March 4, 2023, after receiving multiple complaints about the sale of tobacco products

to minors, Westlake Police assigned special attention to the Magic Flash store to provide

ongoing monitoring of the situation,

20. On June 15, 2023, Crime Stoppers of Cuyahoga County received a tip that the owner of

Magic Flash convenience store in Westlake, Ohio has minors contact him through the

Snapchat App (usernames: mflash2022; Mflash707) in order to facilitate the sale of vape

cartridges containing nicotine. According to the tip, on June 14, 2023, Magic Flash

posted a story and listed the many cities in Northeast Ohio where minors can find him to

buy nicotine products. The story post said they accept cash, CashApp, Venmo, or

ApplePay for payment.

21. On July 18, 2023, Westlake Police received a complaint from a Bay Village parent that

“teens are using the telegraph app. to pre-order marijuana products and other drugs”

from the employees and/or owner of Magic Flash.

LEGAL CAUSES OF ACTION

22.Relator-Plaintiff alleges that the Premises is a public nuisance as defined in O.R.C.

§3767.01 and/or R.C. §3767.12 {et seq.), and under Ohio Common Law, subject to

abatement under R.C. §3767 and Ohio Common Law.

23. Relator-Plaintiff asserts that the Premises herein is generally reputed to be kept,

conducted, and maintained for the purposes of committing violations of Ohio Revised

Code, including Chapter 2925, Section 2927.02 and the Westlake Codified Ordinances

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 Section 537.16 (Drug and Tobacco Offenses), and for the purposes of other illegal

activity.

24. Respondents-Defendants are guilty of maintaining a nuisance at the Premises, subject to

abatement in accordance with O.R.C, 3767.01 (et seq,\ for having a structure in

violation of the laws pertaining to illegal drugs and illegal sale of tobacco (including

violations of O.R.C. Chapter 2925, O.R.C, Section 2927.02, W.C.O. Section 537.16,

etc.); such operations, and criminal activity at the Premises, substantially interferes with

the area’s public decency, sobriety, peace, safety, welfare, and good order.

25. Respondents-Defendants own fixtures, furniture, and moveable property that have been

used or are currently being used in conducting, maintaining, and facilitating said public

nuisance.

26. Respondents-Defendants at all times relevant to this action maintained a public nuisance

threatening the health, safety, and welfare of the residents of the City of Westlake.

27. Respondents-Defendants are guilty of maintaining a nuisance at the Premises based on

their actual and constructive knowledge of the nuisance, as well as the well-known

general reputation of the Premises, which is prima-facie evidence of the nuisance and of

knowledge of and of acquiescence and/or participation in the nuisance.

JUDGMENT AND RELIEF DEMANDED

WHEREFORE, Relator demands judgment as follows:

1. Per R.C, §3767 and Ohio Civ.R. 65(B)(1), that the court set a preliminary injunction

hearing on the matter.

2. That after hearing, the Court grant a preliminary injunction enjoining Respondents-

Defendants from conducting further business at the Premises.

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 3. That the Premises be declared a public nuisance as defined in Ohio Revised Code

§3767.01 and/or R.C. §3767.12 (et seq.), W.C.O. §537.16, and under common law, as

alleged herein.

4. That all Respondents-Defendants be found to have been guilty of maintaining a public

nuisance as defined in R.C. §3767.01 and/or R.C. §3767.12 (et seq.\ W.C.O. §537.16,

and under common law, as alleged herein.

5. In accordance with this Complaint and Revised Code Chapter 3767, that all Respondents-

Defendants, and any heirs, successors in interest or title, transferees and/or assigns be

permanently enjoined from conducting, maintaining, using, occupying, or in any way

permitting the use of the Premises as a public nuisance.

6. In accordance with this Complaint and Revised Code Chapter 3767, that all Respondents-

Defendants be permanently enjoined from conducting, maintaining, using, occupying, or

in any way permitting the use of a public nuisance anywhere in Cuyahoga County, Ohio

and/or Westlake, Ohio.

7. On final judgment, the Chief of Police of Westlake, Ohio, be ordered to sell the furniture,

fixtures, and moveable property identified herein in the manner provided for the sale of

chattels under execution, and effectually close the entire Premises against its use for a

one year period per Civ.R. 65 and R.C. Chapter 3767 el seq.

8. To tax Respondents-Defendants $300 in accordance with Revised Code §3767.08, plus

the costs of this action.

9. This Court appoint a receiver, if needed, pursuant to Chapter 2735 of the Ohio Revised

Code.

10. An award of Relator-Plaintiffs costs and attorneys’ fees payable by Respondents-

Defendants.

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 11. Relator-Plaintiff further requests that this Court grant Relator-Plaintiff the following

relief as permitted by law:

(a) interest on all sums to which Relator-Plaintiff may be entitled;

(b) attorneys’ fees and costs and expenses of this action; and

(c) all such further equitable and other relief this Court determines Relator­

Plaintiff to be entitled.

Respectfully submitted,

/s/ Michael P. Maloney___________

Michael P. Maloney, Esq. (#0038661)
, Director of Law
Robin R. Leasure, Esq. (#0061951)
Assistant Director of Law
27700 Hilliard Boulevard
Westlake, Ohio 44145
Phone: (440)617-4230
Fax: (440)617-4249
minaloney@cityofwestlake.oi'g
rleasure@cityofwestlake.org

Co wisel'for Re lator-Plaintiff
City of Westlake, Ohio

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 STATE OF OHIO )
) s.s.
COUNTY OF CUYAHOGA)

City of Westlake Law Director and Prosecuting Attorney, Michael P. Maloney, being first

duly sworn, states that he brings suit on behalf of the State of Ohio on relation thereof, that he has

drafted and read this Complaint and that all allegations and representations made in this Complaint

are true and accurate to the best of his knowledge, information and belief.

MICHAE

SWORN TO BEFORE ME and subscribed in my presence this/^ day o

2023.

Robin R. Leasure Soeder

x5 Attorney at Law
/ NOTARY PUBLIC, STATE OF OHIO
/ My Commission Has No Expiration Date
Section 147.03 O.R.C.

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