The Cuyahoga County Court of Appeals has affirmed the trial court’s dismissal of a taxpayer suit brought against the City of Lakewood and Mayor Summers concerning the closing of Lakewood Hospital. The Court’s three judge panel, like the trial court, found that the taxpayers could not establish a single legally viable claim. Kevin Butler, Lakewood’s Law Director, and Sutter O’Connell attorney Robert Cahill were able to establish that Mayor Summers and City Council lawfully exercised the corporate powers of the City. A copy of the Court’s 35 page opinion affirming the dismissal of all 18 claims can be found here.
This is the second dismissal and affirmance that Cahill and Butler have obtained for the City of Lakewood in suits involving Lakewood Hospital. In Skindell v. Madigan, an injunction was sought to stop City Council from voting to close Lakewood Hospital, but a directed verdict was obtained at trial hours before City Council voted to close the hospital and a mere three days after suit was filed. Cahill and Butler were also successful in persuading the Cuyahoga County Court of Appeals that an appeal of the trial court’s ruling was moot because Lakewood voters approved the City’s ordinance to close the hospital in a 2016 referendum