YOUNGSTOWN - A judge in Mahoning County granted a request to dismiss an $800,000 lawsuit against a Youngstown developer and a former city official earlier this week.

According to a court filing from Monday, March 16, visiting judge Wyatt McKay dismissed a lawsuit from the City of Youngstown that sought to recover $800,000 in public funds from developer Dominic Marchionda and former Youngstown finance director David Bozanich.

The two defendants filed a motion asking Judge McKay to dismiss the case in February of 2026, and the city was given until March 2 to respond. That never happened, so the defendants filed another motion to dismiss the case on March 3.

Judge McKay granted that motion on Monday, March 16.

The suit, which was filed in November of 2024, alleged that Marchionda and Bozanich orchestrated a scheme to divert money from water and wastewater funds to support the Erie Terminal and Flats of Wick projects for personal gain and unauthorized expenses, like the purchase of a fire station.

Both defendants have already been sentenced on charges connected to the same events, with Bozanich serving one year in prison for bribery and tampering with records and Marchionda receiving probation for tampering with records.

Bozanich argued that the case should be dismissed because the city did not complete proper service of the lawsuit within one year, so the action should be treated as if it never legally began.

Marchionda and his companies, Erie Terminal Place LLC and U.S. Campus Suites LLC, argued that the city's claims were redundant and retaliatory, noting that the issues in question were part of a prior legal process over a decade ago.

The case has been dismissed without prejudice, meaning the City of Youngstown could file a new amended complaint against the defendants if it chooses to.

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