A man who helped secure the purchase of land Hubbard-area residents fear will be turned into a landfill will face a jury trial in March on allegations of fraud and breach of contract.

Frederick V. Hudach, 6251 Chestnut Ridge Road, Hubbard, is named in a lawsuit filed Oct. 3, 2002, in Trumbull County Common Pleas Court by Attila Tokodi, Sheffield Lake, Ohio. Robert A. Frank and Evanel Consultants, both of Harrisburg, are also defendants.

The suit alleges that Tokodi entered into a contract with Hudach and Frank in late 2001 to research and ultimately purchase property in Trumbull County with the intention of developing a landfill.

Hudach purchased 243 acres between Drummond Avenue and Mount Everett Road in Hubbard Township in July on behalf of Trans Rail America Inc., but this is not the land directly involved in the dispute, the suit says.

Tokodi paid an independent consulting company for a conceptual site plan of another parcel of land in the county regarding Ohio Environmental Protection Agency issues that could inhibit its development, the suit says.

The suit says Tokodi paid the defendants to research alternative sites for purchase if the "Kish property" -- as it's called in the suit -- was unavailable, including land in Fostoria, Ohio, and the property Trans Rail bought in Hubbard Township.

On Aug. 5, 2002, Tokodi claims he was informed by the defendants he was no longer involved in the landfill project and the suit says Frank and Hudach went on to purchase the "Kish property."

The defense is arguing that Tokodi didn't pay all fees relating to the project and that he failed to provide money to buy the land.

Tokodi is seeking reimbursements in excess of $25,000 for money he claims he paid to the defendants, attorney's fees and recognition as the proper owner of the "Kish property."

In addition to a judgment in their favor, the defendants are asking for $225,000 in compensatory and punitive damages.

Hudach and Frank are named in another civil suit filed Nov. 18 by George Csatary and Judith Nagy, both of Cleveland, that is seeking over $830,000 in damages.

As for the Hubbard Township property, Michael Cyphert, an attorney with Walter and Haverfield, Cleveland, which represents Trans Rail America, said the land between Drummond Avenue and Mount Everett Road will be used for a construction demolition debris landfill, light manufacturing or warehousing.

Hubbard Township Trustee Frederick Hanley said Frank told him and the township's attorney that the land, which includes wetlands, will be used as a landfill.

Trans Rail has hired a private consulting company certified by the Ohio Environmental Protection Agency to survey the land to determine how much of it can be developed, Cyphert said.

Regardless of whether Trans Rail will put a construction demolition debris or trash landfill on the property, Hanley said Trans Rail must first secure a 404 federal permit to develop the land.

Attorneys representing Tokodi and the defendants did not return repeated phone calls from The Herald, and attempts to reach Hudach were unsuccessful because he has an unlisted phone number.

You can e-mail Herald staff writer Cary Snyder at csnyder@sharonherald.com