Mentor Prepares Possible Appeal After Judge Overturns Car Wash Denial on Mentor Avenue

A Lake County judge has ordered Mentor City Council to approve a car wash at the former Boston Market site on Mentor Avenue, ruling the council's denial was arbitrary, capricious and unreasonable — and now the city must decide whether to spend taxpayer money fighting the decision on appeal.

Lake County Common Pleas Court Judge Jeffrey W. Ruple issued the ruling July 31, finding the council lacked substantial, reliable evidence to support concerns that the Express Wash Concepts car wash at 9361 Mentor Avenue would harm neighboring properties, threaten public health and safety, or negatively affect the area's welfare.

At its Aug. 18 meeting, council directed Law Director Brandon Dynes to review the ruling and determine whether the city has a valid basis to appeal to the Eleventh District Court of Appeals. If Dynes concludes an appeal has merit, council authorized him to file one without a further vote.

How the Denial Unraveled

The Mentor Municipal Planning Commission approved the conditional-use permit for the car wash with conditions on Aug. 14, 2025. City Council overrode that decision later in August 2025, denying the permit and adopting findings of fact and conclusions of law on Aug. 19 to support the denial.

Council members had cited concerns about impacts on neighboring businesses, site size, and traffic congestion — particularly near Heisley Road and Chillicothe Road — along with issues involving cross-access easements and queuing that could spill onto Mentor Avenue.

Express Wash Concepts challenged the denial through an R.C. 2506 administrative appeal, the standard procedure for contesting municipal zoning decisions in Ohio. Judge Ruple found those concerns did not meet the evidentiary threshold: the council lacked substantial, reliable evidence backing them up.

The Site and the Company

The former Boston Market location is a 3,102-square-foot freestanding restaurant with a drive-thru on 0.796 acres, originally built in 1994 and renovated in 2005. Express Wash Concepts filed the conditional-use permit application along with Boston Market Real Estate Company for a Clean Express Auto Wash in the B-2 General Business District.

Express Wash Concepts now operates 142 express car wash locations across eight core markets, including Cincinnati, Cleveland, Columbus and Dayton, and plans roughly 20 more locations to open or break ground by the end of 2026.

What an Appeal Would Cost — and Risk

The filing fee for an appeal is $150. But the real stakes are broader. Under Ohio appellate rules, if an appeal is dismissed or affirmed, costs are normally taxed against the appellant unless the law or the court orders otherwise.

If the city does not appeal, Judge Ruple's ruling stands, the permit must be approved, and the decision establishes that Mentor must provide substantial, reliable evidence when denying conditional-use permits. If the city appeals and loses, two levels of courts will have found the denial process arbitrary and unreasonable — a sharper precedent against the city's land-use authority.

What Happens Next

Dynes is reviewing the ruling now. Under Ohio appellate procedure, a notice of appeal must generally be filed within 30 days of the judgment, setting a deadline around the end of August for the city to act.

Council President Janet Dowling was absent from the Aug. 18 meeting; Vice President Ray Kirchner participated.

If the city declines to appeal, the car wash project can proceed at the former Boston Market site. Mentor City Council posts agendas on the city website, where residents can track whether an appeal is filed and follow any further discussion of the case.