Tuesday, September 3, 2013

COAST Files Suit to Enjoin Parking Plot

As noted here, the Parking Plot lease signed by City Manager Milton Dohoney differs significantly and materially from the contract approved by Cincinnati City Council. Thus, it cannot be enforced unless and until Cincinnati City Council approves the amended contract.

Today, after requesting City Solicitor John Curp do his job and force compliance with the law, COAST filed suit to enjoin the enforcement of the Parking Plot lease until properly approved by City Council.

COAST continues to fight on behalf of limited government and rule of law. As we have seen recently, the process of legislation matters. We look forward to the hearing before Judge Ralph Winkler on Wednesday morning. 

Below are the complaint and motion for a temporary restraining order and preliminary injunction.

Remember, this lawsuit exists solely because Cincinnati's officials have steadfastly refused to do their duty.  This lawsuit would be wholly unnecessary if only City Council would call a vote and either vote to approve the amended contract or reject it; or John Curp could have filed suit himself, as we asked him to do. If Either of those things happened, this litigation would not be occurring now. 

Remember that when the City Solicitor complains about the lawsuit rather than addressing its merits. 

We hope the media will think to ask the question of the Solicitor, "why didn't you just bring the lawsuit yourself?" Or ask the Vice-Mayor Qualls (who controls what gets a vote in Council) "Why don't you just bring the contract up for a vote?"

Correction, an earlier version of this story incorrectly identified the Judge handling this case as Robert Winkler.  Judge Ralph E. "Ted" Winkler is the Judge hearing this case. We apologize for any confusion.

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