Board seeks to recover cost related to lawsuit

By Melissa Topey, mtopey@advertiser-tribune.com
The Seneca County Board of Commissioners, through their attorneys, are seeking to recover costs related to a lawsuit over the 1884 courthouse by asking the courts to order the six plaintiffs to pay the county’s cost.

Mark Landes of with Isaac, Brant, Ledman & Teetor, an Attorney for the commissioners, filed the motion Wednesday to protect the board’s ability to collect restitution of attorney’s fees and costs in the case filed by six people who tried to save the courthouse.

The lawsuit contended the commissioners did not have authority to demolish the courthouse. It also alleges the commissioners violated public meeting laws. An attorney for the group, John Barga, questions whether the motion filed Wednesday is valid.

He said the resolution passed by the commissioners March 13 authorized the Seneca County prosecutor to recoup the legal expenses, not Issac, Brant, Ledman & Teetor.

“I don’t think the county prosecutor has the authority (to ask Landes to file the motion). They (the board of commissioners) represent to the public they will use the county prosecutor and not use tax dollars, but don’t,” Barga said.

So far, the county has spent $82,988.12 on this case. The county also has spent $30,512 defending the board against a lawsuit filed by The (Toledo) Blade that alleges violations of public records statutes.

Mark Troutman, also representing the commissioners, said they are sworn in as special prosecutors for the county and that the language of the resolution is very general to allow them to act for the county.

“I hope we don’t have to litigate again that we can represent the county, costing the taxpayer even more money,” Troutman said.

They have argued the matter twice before the courts and the courts have ruled the commissioners have the right to hire outside legal counsel.

The county argues in the motion that continuation of the lawsuit despite rulings in their favor constitutes frivolous conduct, and the commissioners should be able to collect those costs.

“I think that all the decisions have been decided in favor of the commissioners,” Commissioner Ben Nutter said. “In the beginning, we said there was no basis and it’s cost us an inordinate amount of money.”

Barga denies the lawsuit is frivolous and said the 3rd District Court of Appeals did not say the lawsuit was frivolous but that the court could not help them.

Barga said he plans next week to file a similar motion.

“His motion is frivolous. I plan to file a motion against them for continuing this lawsuit,” Barga said. “There is no basis for the motion because the county has a prosecutor who could have handled the case. They made the choice to spend taxpayer money on a Columbus-based firm.”

Preservationists have contented the commissioners have legal representation with Seneca County Prosecutor Ken Egbert Jr. and choose to seek outside council in these lawsuits.

Attempts to contact litigants Rayella Engle and Jackie Fletcher were unsuccessful.



On the Web

To view the resolution, go to advertiser-tribune.com and click on the pdf file accompanying the online version of this article.