Lawsuit settled

Commissioners, preservationists settle case in common pleas court

By Melissa Topey, mtopey@advertiser-tribune.com
The lawsuit in Seneca County Common Pleas Court between the Seneca County commissioners and area historic preservationists has been settled.

With no admission of wrongdoing by the county, both sides agreed Monday to the dismissal of any further hearings in the common pleas court. Those hearings would have heard about alleged public records, public meetings and negligence arguments.

Both sides also agreed to drop attempts at forcing the other side to pay their attorney fees. Commissioner Ben Nutter said he felt, ethically and morally, preservationists still owe the county for costs of more than $80,000 incurred in this lawsuit.

“Our attorneys said our odds of getting recoup (of attorney fees) is slight, and months from now we could end up in the same place. We would be gambling with $25,000 in taxpayer money for legal fees,” Nutter said.

That figure is the estimated cost for continuing to fight the lawsuit, which alleges violations of the public meetings and public records act, in the county court.

The lawsuit also has been costly for the preservationists.

Nancy Cook, one of six preservationists, said she is thankful litigation has been settled between the parties.

Cook said the preservationists, in attempting to preserve the courthouse, were acting in what they felt was the best interest of the county.

But Rayella Engle said she is disappointed they had decided not to go ahead with the lawsuit because she felt questions and comments made still needed to be answered. Increasing attorney fees forced them to make a decision.

“Our attorney’s fees were getting high, and this case was not going to save the courthouse,” Engle said.

The last chance could be heard in the Ohio Supreme Court, where preservationists filed an appeal last month asking for the court to hear their case.

Engle said some of the allegations involving violations of Ohio public meetings laws were being corrected by the commissioners.

Mark Troutman said the agreement reached Monday was a vindication of the actions of the board of commissioners in their research and decision making in designing a 15-year space utilization plan for Seneca County on Aug. 31, 2006. Preservationists and the commissioners acknowledge that since that decision, debate and public discussion regarding the demolition has occurred with experts and professionals being brought in to help determine the fate of the courthouse.

“The county is going to have a new courthouse, and we were happy we can give the public that,” Troutman said.

But the agreement does not affect the appeal to the state supreme court, which includes a request for an injunction to prevent irreparable damage to the courthouse.

The agreement also states both sides acknowledge the county and all public officials must comply with the Ohio’s public meetings and public records laws.