LISBON — A Canfield couple with plans to build a new Dairy Queen in Columbiana has filed a lawsuit against the owners of the property, Nelson J. Witmer of Salem and the Witmer Land Development Ltd.

Raymond and Christine Smith, owners of ZAAC Development LLC, allege in the case filed Friday in Columbiana County Common Pleas Court that they had an agreement with Witmer to purchase a 200- by 200-foot parcel of property off state Route 14. Reportedly, the deal was made on Oct. 11, 2016 to purchase the property for $55,000.

However, between then and Nov. 7, Witmer reportedly told the Smiths the agreement was being written by his attorney and part of the reason for the delay was the need for a survey and legal description. Witmer was also in discussion with the city of Columbiana regarding the dedication of an access road to the property.

The preliminary drawings and signage for the Dairy Queen were given to the city’s zoning inspector on Oct. 28 to have the project placed on the agenda of the Columbiana Planning Commission on Nov. 8.

On Nov. 4, Witmer informed the Smiths someone else may be interested in purchasing their piece of property. The Smiths wrote a $5,500 check, which was 10 percent of the agreed purchase price, and gave it to Witmer. On Nov. 7, a meeting was held with David Flynn, owner of the Columbiana Buick Chevrolet Cadillac dealership. After the meeting, Witmer said Flynn threatened to back out of a larger deal unless he could also purchase the parcel the Smiths were planning to purchase.

The Smiths are now seeking to have the contract for the purchase completed or be awarded in excess of $25,000 plus interest in damages.

The couple reportedly own and operate a number of Dairy Queen franchises in Mahoning and Columbiana counties.

djohnson@mojonews.com