As new car wash gets sued, some wonder if Panda Express will be next

TIFFIN, OH — As the new Magic Tunnel Car Wash in Tiffin is currently the target of a lawsuit from Tiffin Westgate, some in Tiffin are now wondering if the new Panda Express, which recently started construction, will be a target of Westgate in the future.

According to newly-obtained court documents, the owners of the Tiffin Westgate shopping property has filed a lawsuit against Magic Tunnel Midwest LLC out of Dublin, Ohio, as well as Roger Beck of Georgia.

The lawsuit, which was filed by attorneys Dean Henry of Behm & Henry LLC and Thomas J. Lee of Taft Stettinius & Hollister LLP in Seneca County Common Pleas Court on behalf of Tiffin Westgate Ltd., seeks to halt construction of the new car wash and remove anything currently there.

The lawsuit alleges Westgate would suffer “impaired sight lines, increased traffic problems, decreased parking availability, and an increased difficulty enforcing its right to control, via its right of consent, the construction of specific types of buildings and businesses with frontage along West Market Street.”

According to the lawsuit, Magic Tunnel Midwest and Mr. Beck had not received nor sought Westgate’s consent prior to constructing the building on the parcel.

The Zoning Board of Appeals has approved a setback required for Panda Express to erect a building in an out lot of the Tiffin Mall site. The setback was approved unanimously in a 5-0 vote.

Tiffin Mayor Aaron Montz said the area is ripe for development opportunities. “It’s exciting to see the progress happening on site that was once all but dead,” he said. “We are happy to welcome Panda Express and look forward to continued growth in the West Market Street corridor.”