DOCSLIB.ORG

In the Sijpreme Coijrt of Ohio Sta7'f

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the Sijpreme Coijrt of Ohio Sta7'f IN THE SIJPREME COIJRT OF OHIO STA7'F: EX REL. THE HAMIL'I'ON COUNTY BOARI) OF COUNTY COMMISSIONERS 138 East Court Street, Rooin 603 Cincinnati, Ohio 45202, Relator, HAMILTONC.OUNTY CO[JR'F OT ORIGINAL ACTION IN PROIHi3ITI®N COMMON PLEAS 1000 Main Street Cincinnati, Ohio 45202, and IION. JOHN ANDREW WEST 1000 Main Strcct Cincinnati, Ohio 45202, and HON. KIM WILSON BURKE 1000 Main Street Ciricimiati, Ohio 45202, and HON. LTIIIVA M. COOPEIZ 1000 Main Street Cincinnati, C)hio 45202, and IION. DENNIS S. HELMICIC 1000 Main Strcet Cincinnati, Ohio 45202, and HON. CHARLES.L KUBICKI, JR. 1000 Main Street Cincirrnati, Ohio 45202, and HON. JODY M. LUEBBERS 1000 Main Street Cincinnati, Ohio 45202, and HON. STEVEN E. MARTIN 1000 Main Street Cincinnati, Ohio 45202, and HON. BETH A. MYERS 1000 Main Street Cincinnati, Oiiio 45202, and HON. NORBER'I'A. NADF,L 1000 Main Sti-eet Cincinnati, Ohio 45202, and HON. ROBERT P. RUC;HLMAN 1000 Main Street Cincinnati, Ohio 45202, and HON. RALPH E. WINKLER 1000 Main Street Cincirrnati, Ohio 45202, HON. ROBERT C. WINKLER 1000 Main Street Cincinnati, Ohio 45202, Rcspondents. COMPLAINT FOR A WRIT OF PROHIBITION David A. Pepper (0071739) (Counsel oP Reeord) "I'odd S. Portmie (0015748) 138 Fast Court Street, Room 603 Cincinnati, Ohio 45202 "1'elephone: (513) 946-4401 Facsimile: (513) 946-4446 david.pepper(a^,hami I ton-co.org [email protected] Attomeys for Relator, The Hannilton County Board of County Commissioners 1. NATURE OF THE ACTION. 1. '1'his is an original action for a writ of prohibition. Relator, Hamilton County Board of County Commissioners (the "Board"), seeks to prohibit Respondents, the Hamilton County Court of Common Pleas and twelve of its Judges, from exercising iinprovised authority to terminate the attorney-client relationship between the Board and its special counsel. The termination will depi-ive thc Board oP long-standing, court-approved counsel in the $2.5 billion redevelopment of the Cincinnati riverfront, which by its very nature involves complex legal issues. Sections 305.14(A) and 305.17 of thc Ohio Revised Code, which govero the Board's attorney-elient relationship with special counsel, preclude the Court of Common Pleas from terminating thc Board's counsel or purporting to prohibit its compensation. 2. This action arises because, on October 15, 2009, at the rcqnest of Hainilton County Prosecutor Joseph 'I. Deters, twelvc Judges oC the Common Pleas Court - in an administrative mecting - signed a docutnent that purports to terminate the Board's retention oC its special counsel effective January 1, 2010. This issue was not on the agenda and the Board received no notice that this matter would be considered at the meeting. The Board was not i-epresented at the meeting, did riot authorize the Proseeutor to seek termination of its special eounsel, liad no opportunity to be heard, reccived no service of process, and does not consent to the termination of its attorney-clicnt relationship. "I'he Court of Common Pleas and the rivelve individual Judges who signed the Orclei-patcntly and unambiguously lacked jitfisdiction. The Boarcl asks this Court to prohibit Respondents ti-om terminating or otherwise interCering with ttie Board's duly established attorney-client relationship, which the Board alone has the authority to terminate pursuant to the terms of K.C. 305.14(A), 305.17 and the express terms ol'the retention agreement with counsel. H. THE PARTIES. 3. Relator, the Board of County Commissioners for Hamilton County, Ohio, is the duly constituted goverrring body for IIamilton County. 4. Respondents are Ihe Hamilton County Court of Common Pleas and, in their official capacities, twelve Judges of that Court who signed the unlawful October 15 Order - Presiding Judge John Andrew West, Judge Kim Wilson Bttrke, Judge Fthna M. Cooper, Judge Dennis S. Helmiek, Judge Charles J. Kubicki, Jr., Judge Jody M. Luebbers, Judge Steven E. Martin, Judge Beth A. Mycrs, Judge Norbei-t A. Nadel, Judge Robert P. Ruehlman, Judge Ralph E. Winlcler, and Judge Robert C. Winlder. III. ,IURISDIC'I`lON. 5. Scetion 2(B)(I )(d), Article IV of the Ohio Constitution vests this Court with original subject matterjurisdietion to issuc a writ of prohibition to prevent unauthorized acts by Respondents. IV. FACTUAL BASIS OF THIS ACTION. A. The Banks Project. 6- Sinee 1996, the duly elected Board of Cormty Commissioncrs of IIatnilton Courrty and the City of Cincinnati (the "City") have jointly planncd and implementc.d one of the Iargest urban redevelopment projects in the Uniled States, known as the "Banks ProjecL" Since 1998, the County and the City have investod in excess of$1.4 billion in the redevelopmentoC Cincinnati's riverfront. Upon completion, the development will represent a public-private investnient in excess of $2.5 billion. See Exhibit 1. The current phase of this massive redevelopmcnt project commenced in Apri12008, and represents an additional public-private investmeot of $250 million. Completion of the project is time-critieal and the consequences of 2 any delays are significant. Due to its substantial economic development potcntial, not only in Southern Ohio, but also as one of the most consequential development projects in Ohio, the Banks Project recently received att additional $24 million in fedetal stimulus funding through the American Recovery and Rehabilitation Act ("AR1LS"). 7. T'liroughout the redevelopment efforts, the Board has faced numerous and complex legal challenges including, arnong other matters: ® real estate acquisition and emittent domain proceedings; • public and private owncrship and air rights issues; ® public fund'n1g, including local tinance issues and pursuit of federal and state transportation, economic developnent, ancl ARRA stimulus dollars; ® contracting and development issues with respect to the various river[i-ont stakeholders including the Cincinnati Reds, Cincinnati Bengals, National Underground Railroad Freedom Center, and the US Bank Arena; w stadium and infrastructure construction contracting; ® biddiug and claims managentent issues; ® srnall business and economic inclusion and workforce development issues; ® tax ineretnent financing; • cnvironmental issucs; ® energy ellicientand green design developmentissucs; a zoning and planning comptiance; ® transportation, street grid, and rights of way issues; m labor and employment issues; o public procurement; • litigation and threats of litigation from various stal<eholdcrs and members of the public; ® complex local, state, and federal project financing issues; and ® complex public-private contractual negotiations pertaining to the $800 million mixed-usc development aspect of the Banks Projoet. 8. Functing entities have included the County, City, Ohio Department of Transportation, Ohio Department of Economie Development, Federal Highway Administration, Federal Transportation Administration, Economic Development Adininistratiort, Unitod States Army Corps of Engineers, and the Ohio, Kontucky, and Indiana Regional Council of' Governtnents. A chart illustrating some of the numcrous and complex legal issues and interrelated agreements touching upon the Banks Project is attached as Exhibit 2_ B. The Board's Retention of Special Counscl. 9. The County initially employed special counsel in the 1990s on a litnited basis to assist with riverfront projects. In Septcmber 1997, Hamiltoti County retained special counsel lo perforni titl.e-search related work for the acquisition of property for the construction of Paul Brown Stadium. Two months later, the County requested special counsel to assist in the negotiation of property acquisition conti-acts with existirtg tcnants and landowners along the riverfront, because thc County had not been successful in negotiating property aequisitions necessary for the imminent construction of Paul Brown Stadium with the Prosecutor's officc aloue. 10. In January 1998, the County again requested special counsel's assistance to work with the Pi-osecutor's Office in ttegotiating with the City oi'Cincinnati a major redevelopment 4 agreement in regard to stadium and riverfront-related obligations. Following the successful consummation of the lirst City-County Agreement that resulted in the commencement of thc $2.5 bitlion urban redevelopment effort, special counsel eontinued to assist the County, through the Prosecutor's office, in representing the County relating to all subsequcnt redevelopnetrt and related agreements between the City and the County pertaining to the Banks Project. 11. Prior to March 2000, the County Prosecutor, as the Board's advisor, served as counsel with respect to the construction of Paul Brown Stadium. Following the revelation by an independent auditing limi that the Paul Brown Stadium project would realize a $51 roillion cost overrun, the Boat-d determined tliat special counsel's involvement was imperative in the next phase of riverfront developrnent efforts - construction of the Great American Ball Park. Special counsel, at the Board's request, assisted the Coutity with t-espect to various contract negotiations, project bidding, and claims management issues pertaining to the construction of the new Ball Park, which was scheduled to commence construction in August 2000, as well as related infrastructure construction including street grid, utilities and parking facilities in Cincinnati's Centrat Riverfront. 12- 111timately, the Board detertnined that the involvement of special counsel for the Board itself was essential to protect the County's interests and $1 billion investment,
Load more

Recommended publications
  • Who Rules Cincinnati?
    Who Rules Cincinnati? A Study of Cincinnati’s Economic Power Structure And its Impact on Communities and People By Dan La Botz Cincinnati Studies www.CincinnatiStudies.org Published by Cincinnati Studies www.CincinnatiStudies.org Copyright ©2008 by Dan La Botz Table of Contents Summary......................................................................................................... 1 Preface.............................................................................................................4 Introduction.................................................................................................... 7 Part I - Corporate Power in Cincinnati.........................................................15 Part II - Corporate Power in the Media and Politics.....................................44 Part III - Corporate Power, Social Classes, and Communities......................55 Part IV - Cincinnati: One Hundred Years of Corporate Power.....................69 Discussion..................................................................................................... 85 Bibliography.................................................................................................. 91 Acknowledgments.........................................................................................96 About the Author...........................................................................................97 Summary This investigation into Cincinnati’s power structure finds that a handful of national and multinational corporations dominate
    [Show full text]
  • 01.28.2020-Council-Minutes.Pdf
    Call to Order/Pledge of Allegiance/Attendance The January 28, meeting of the Newtown Village Council was called to order at 6:30 p.m. by Mayor Mark Kobasuk, who led the Pledge of Allegiance to the Flag. Council Members: Don Carroll (Vice Mayor) Solicitor: Emily Supinger (not present) Daryl Zornes Fiscal Officer: Keri Everett (not present) Chuck Short Assistant to Mayor: Becky Fairley Curt Tiettmeyer Terry Fairley Sarah Williams APPROVAL OF COUNCIL MINUTES: Mr. Short made a motion to approve the regularly scheduled 01.14.2020 Council Minutes. Mr. Zornes seconded the motion. All Aye. Motion Carried. SPECIAL PRESENTATIONS: Chris Jones, PACE Financial – Residential PACE (Property Assessed Clean Energy) Last year, the Village established an energy special improvement district (ESID), which allows for commercial entities in the Village to obtain financing for energy improvements on their property. This allows the costs to be financed through a special assessment against the property. Gardner Publications, located in Newtown, first petitioned to create the ESID, which approved basically the Commercial Plan (Commercial PACE). The Village is currently in the same Energy SID (ESID), referred to as the Eastern Communities ESID, along with Anderson Township. Commercial property owners would come before the ESID for approval of their project, then come before Council for approval or leveling of the special assessment, if they want to use PACE financing. The ESID (Energy Special Improvement District) did approve the residential plan, which allows each of the local governments to then approve the Residential PACE program. Residential PACE allows homeowners to finance energy efficiency, renewable energy and other eligible improvements on their homes using private sources of capital.
    [Show full text]
  • Powers V. Hamilton County Public Defender Commission
    CM/ECF LIVE - U.S. District Court:OHSD https://ecf.ohsd.uscourts.gov/cgi-bin/DktRpt.pl?620009071023989-L_1_0-1 CLOSED,DISC-ONLY,JURY U.S. District Court Southern District of Ohio (Cincinnati) CIVIL DOCKET FOR CASE #: 1:02-cv-00605-SAS -TSB Powers v. Hamilton Co Publ Def, et al Date Filed: 08/21/2002 Assigned to: Judge S Arthur Spiegel Date Terminated: 06/17/2009 Referred to: Judge Timothy S. Black Jury Demand: Both Demand: $0 Nature of Suit: 440 Civil Rights: Other Case in other court: Sixth Circuit Court of Appeals, 06-03460 Jurisdiction: Federal Question Cause: 42:1983 Civil Rights Act Plaintiff Michael - Powers represented by Lisa Talmadge Meeks On Behalf of Himself and Others Newman & Meeks Co LPA Similarly Situated 617 Vine Street Suite 1401 Cincinnati, OH 45202 513/639-7000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Brand Newman Newman & Meeks Co LPA 215 East 9th St. Suite 650 Cincinnati, OH 45202 513/639-7000 Fax: 513-639-7000 Email: robertnewman@newman- meeks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen R Felson 215 E. Ninth Street Suite 650 Cincinnati, OH 45202 513-721-4900 Fax: 513-639-7011 Email: [email protected] ATTORNEY TO BE NOTICED V. Defendant 1 of 15 11/9/2010 7:16 PM CM/ECF LIVE - U.S. District Court:OHSD https://ecf.ohsd.uscourts.gov/cgi-bin/DktRpt.pl?620009071023989-L_1_0-1 Hamilton County Public Defender represented by David Todd Stevenson Commission Hamilton County Prosecutor Civil Unit 230 E Ninth Street Suite 4000 Cincinnati, OH 45202-2151 513-946-3120 Email: [email protected]
    [Show full text]
  • 2011 Budget in Brief
    2011 Budget in Brief Hamilton County, Ohio Board of County Commissioners Greg Hartmann, President Chris Monzel, Vice President Todd Portune, Commissioner County Administrator Patrick Thompson About the Cover The 2011 Budget in Brief cover showcases six county entities that celebrated milestone anniversaries during 2010. Give Back Cincinnati - 10 Years With more than 5,000 members from 400 local companies, Give Back Cincinnati is one of Cincinnati’s largest young professional organizations. It coordinates large-scale volunteer and civic engagement activities, and partners with other nonprofits to make an impact in the region and around the world. City of Madeira - 100 Years Located 10 miles northeast of downtown Cincinnati, Madeira is consistently praised for its charming atmosphere and high quality of life. It has been recognized by Cincy magazine as the #1 suburb in Greater Cincinnati, and by BusinessWeek as the 40th “best place to raise kids” in the United States. Mercantile Library - 175 Years Organized in 1835, Cincinnati’s Mercantile Library presents frequent literary events to a county-wide membership, and continues to add to its time-honored collection. Home to the county’s oldest public art collection, the recently refurbished library also presents concerts and civic programs. Mt. Adams Reindog Parade - 20 Years More than 500 dogs and their owners wear holiday-themed cos- tumes and march the streets of Mt. Adams in the annual Reindog Parade benefitting SPCA Cincinnati. The SPCA also makes dogs available for adoption, sells Hamilton County dog licenses and offers low-cost microchipping at the event. Cincinnati Playhouse in the Park - 50 Years Founded in 1960, the two-time Tony Award-winning Playhouse celebrated its 50th anniversary during the 2009-2010 season.
    [Show full text]
  • League of Women Voters of the Cincinnati Area
    League of Women Voters of the Cincinnati Area They Represent Us (TRU) TRU 2019 is an annual directory of public officials Hamilton County, Ohio LWVCA Education Fund 103 William Howard Taft Road Cincinnati, OH 45219 Phone: 513.281.8683 www.lwvcincinnati.org How to read this guide: Entries are arranged as follows for the elective offices: public official’s level of government (federal, state, local); office, (party affiliation); mailing address; phone number; website/email address; (date for the next election of office) UNITED STATES OF AMERICA President Donald Trump (R) The White House, 1600 Pennsylvania Avenue NW, Washington, D.C. 20500. 202-456-1111 www.whitehouse.gov (2020) Vice-President Mike Pence (R) The White House, 1600 Pennsylvania Avenue NW, Washington, D.C. 20500. 202- 456- 1111 www.whitehouse.gov (2020) UNITED STATES CONGRESS 116th Congress, 2nd session. Two-year sessions beginning in years ending with odd number. US. Capitol Switchboard: 202-224-3121 U.S. SENATE Six year staggered terms. Two seats per State. US Capitol 202- 224-3121. www.senate.gov Sherrod Brown (D) 425 Walnut St., Suite 2310, Cincinnati, OH 45202. 513-684-1021. DC Office: 503 Hart Senate Office Building, Washington, DC. 20510. 202-224-2315. Committees: Agriculture, Nutrition & Forestry; Banking, Housing & Urban Affairs; Veteran’s Affairs; Finance. www.brown.senate.gov (2024) Rob Portman (R) 312 Walnut St., Room 3425, Cincinnati, OH 45202. 513-684-3265. DC Office: 448 Russell Senate Office Building, Washington, DC 20510. 202-224-3353. Committees: Senate Finance, Homeland Security & Government Affairs; Foreign Relations. www.portman.senate.gov (2022) U.S.
    [Show full text]
  • 2020 Voter Guide
    2020 THREE WAYS TO VOTE VOTER NOVEMBER GUIDE 3 NONPARTISAN VOTER INFORMATION VOTE BY MAIL VIA VOTE EARLY AT THE VOTE IN-PERSON AT COVERING HAMILTON COUNTY, OHIO ABSENTEE BALLOT BOARD OF ELECTIONS YOUR POLLING PLACE FEATURED IN THIS GUIDE: HOW TO VOTE: About this guide ...................................................................... 02 How to vote by mail ................................................................02 Where and when to vote early .......................................02 About your polling place ....................................................02 What ID to bring to the poll ...............................................03 WHO ARE MY CANDIDATES? FEDERAL President of the United States .........................................03 United States House of Representatives..................03 STATE Ohio State Senator .................................................................05 Ohio State Representative .................................................05 Ohio State Supreme Court Justice ............................. 09 Ohio State Appellate Court Judge ................................10 LOCAL Hamilton County Officials .................................................... 11 Hamilton Co. Court of Common Pleas Judges ....16 WHAT ARE MY BALLOT ISSUES? Local City and Village Issues ............................................. 21 ELECTION INFORMATION YOU NEED Cincinnati Public Schools Tax Levy ..............................22 Norwood City Schools Tax Levy .....................................23 Winton Woods City Schools
    [Show full text]
  • 2030 Plan and Implementation Framework Executive Summary
    HAMILTON COUNTY, OHIO 2030 Plan and Implementation Framework Executive Summary A Community Workbook For Implementation Partners Community COMPASS Report Number 17 Public Discussion Draft - Version 1 November 2004 Abstract Context Title: COMMUNITY COMPASS COMPONENTS 2030 Plan and Implementation Framework: 1 Vision A Community Workbook For (What do we want?) Implementation Partners 2 Initiatives (Community COMPASS (What strategies Report No. 17) should we consider?) The Planning Partnership Community COMPASS 3 Indicators Subject: (What should we measure?) is a collaborative initiative (Hamilton County’s Com- A comprehensive master plan of the Hamilton County Re- prehensive Master Plan and 4 Trends gional Planning Commission. Strategies) is a long-range and related implementation (Where have we been?) The Partnership – open to all plan that seeks to address mu- strategies for Hamilton County, Ohio 5 Projections political jurisdictions in the tual goals related to physical, (Where are we headed?) county and to affi liate mem- economic, and social issues Date: 6 Research bers in the public, private and among the 49 communities (What's the story civic sectors – is an advisory within Hamilton County. November 2004 behind the trend?) board that works to harness Through a collective shared the collective energy and vi- vision for the future based Synopsis: 7 Partners (Who can help?) sion of its members to effec- on the wishes and dreams of This plan and implementation tively plan for the future of our thousands of citizens, Hamil- framework is a community 8 Strategic Plans (What can we do that works?) county. Rather than engaging ton County now has direction workbook for implementa- in the Planning Commission’s to chart its course into the 21st tion partners -- local govern- 9 Action Plans short-range functions such as century.
    [Show full text]
  • State Ex Rel. Cincinnati Enquirer V. Hamilton Cty. Bd. of Commrs., 2002-Ohio-2038.]
    [Cite as State ex rel. Cincinnati Enquirer v. Hamilton Cty. Bd. of Commrs., 2002-Ohio-2038.] IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE ex rel. THE CINCINNATI : APPEAL NO. C-010605 ENQUIRER, A DIVISION OF TRIAL NO. A-0101385 GANNETT SATELLITE : INFORMATION NETWORK, INC., O P I N I O N. : Plaintiff-Appellant, : vs. : HAMILTON COUNTY COMMISSIONERS, TODD PORTUNE, : JOHN S. DOWLIN, TOM NEYER, JR., : Defendants-Appellees. : Civil Appeal From: Hamilton County Court of Common Pleas Judgment Appealed From Is: Affirmed Date of Judgment Entry on Appeal: April 26, 2002 Graydon, Head, & Ritchey, LLP, John C. Greiner, and Ann K. Schooley, for Plaintiff- Appellant, Michael K. Allen, Hamilton County Prosecuting Attorney, and David T. Stevenson, Assistant Prosecuting Attorney, for Defendants-Appellees. GORMAN, Presiding Judge. {¶1} In this appeal, The Cincinnati Enquirer challenges the action of the Hamilton County Board of County Commissioners to convene in executive session to discuss the hiring of special legal counsel to spearhead the county’s legal effort to recover cost overruns in the construction of Paul Brown Stadium. We are called upon to interpret and apply the meaning of “imminent court action” in R.C. 121.22(G)(3)—one of the exceptions to the public meetings required by the Ohio Open Meetings Act, popularly known as the Sunshine Law. {¶2} The Sunshine Law is to be liberally construed to require a public body at all times to conduct deliberations upon official business in meetings open to the public. R.C. 121.22(A). Its purpose is to assure accountability of elected officials by prohibiting their secret deliberations on public issues.
    [Show full text]
  • Newswib April 2016
    NewsWIB April 2016 Spotlight on Employers Ingage Partners and Thrive Impact Sourcing Kelly Dolan, co-owner of Ingage Partners and Thrive Impact Sourcing, states that the philosophy of Thrive is to provide greater opportunities for hard to employ and underemployed individuals in the IT field through "boot camp" style training in Quality Assurance and Testing. Thrive's first employee, Adewole Ojo, received training through an On-the-Job Training (OJT) funded by OhioMeansJobs Cincinnati-Hamilton County. The skills he gained from his recent Per Scholas IT program are being put to good use at Thrive where Mr. Ojo's initial salary is $35,000 annually, plus benefits and profit sharing. Thrive provided a unique opportunity for Mr. Ojo who emigrated to the U.S. from Nigeria six years ago. Initially, he worked in health care as an STNA and most recently worked in the fracking industry. He was then laid off from that position in January of 2015. This new opportunity for "Wole" at Thrive will allow him to receive intensive training that should lead to good prospects for career growth. SWORWIB Customer Lands Job at Averitt Express Gina Hines graduated from Napier Trucking in 2014 with the assistance of a WIA grant through OhioMeansJobs Cincinnnati-Hamilton County. After a couple of years of experience, she obtained a local position with Averitt Express on their city shuttle, which allows her to work during the day and be home with her family every night. Averitt is one of the top national carriers boasting excellent pay, benefits, home time and a first class professional work environment.
    [Show full text]