Former city official David Bozanich and developer Dominic Marchionda have asked a judge to dismiss a lawsuit filed by the city of Youngstown that seeks to recover more than $800,000 in public funds.

The motions to dismiss, filed Monday in Mahoning County Common Pleas Court, mark the latest development in a legal battle over allegations that city money was misused for private downtown building projects. The city claims Bozanich and Marchionda orchestrated a scheme to divert money from water and wastewater funds to support the Erie Terminal and Flats at Wick projects.

Bozanich, who served as the city finance director for 24 years, argues in his filing that the case should be dismissed because the city failed to complete proper service of the lawsuit within one year. His attorney wrote that because the city did not meet specific state legal requirements for delivering the complaint, the action should be treated as if it never legally began.

Marchionda and his associated companies, Erie Terminal Place LLC and U.S. Campus Suites LLC, also filed a motion to dismiss on the same day. The defendants have previously stated that the city’s claims are redundant and retaliatory, noting that the issues in question were part of a prior legal process over a decade ago.

The city filed the original lawsuit in November 2024. It alleges that funds intended for water infrastructure were instead used for personal gain and unauthorized expenses, such as the purchase of a fire station. The city wants the court to order the return of the $800,000 plus interest. It also seeks to have Bozanich give up the salary he earned during the years the city alleges the misconduct occurred.

Both men have already been sentenced on charges related to the same events. Bozanich spent one year in prison for bribery and tampering with records. Marchionda received probation for tampering with records.

The civil case is being handled by a visiting judge after all Mahoning County Common Pleas judges removed themselves to avoid potential conflicts of interest. A trial is currently scheduled for November.