Sutter O’Connell Obtains Dismissal of Appeal in Lakewood Hospital Case

Posted on February 7th, 2017 by Robert E. CahillRobert E. Cahill

Lakewood City Council has won a dismissal of the appeal challenging the closure of Lakewood Hospital. The Court of Appeals adopted the City’s argument that a referendum vote by the citizens cures an alleged violation of Ohio’s Open Meetings Act which led to the passage of an ordinance.  In this matter, the appeal was rendered moot by the citizens of Lakewood voting to approve Ordinance 49-15 and the agreement it authorized in the November, 2016 referendum.  The Court of Appeals’ opinion can be found here.

This dismissal affirms the trial court’s decision holding that City Council did not violate Ohio’s Open Meetings Act in deliberating Ordinance 49-15. The trial of this matter was held three days after the complaint was filed and mere hours before City Council was scheduled to vote on the ordinance.  The trial court granted the City’s motion to consolidate the preliminary injunction hearing with the final trial on the merits and granted a directed verdict for the City.  The trial court’s ruling can be found here.

Sutter O’Connell attorney Rob Cahill and Lakewood Law Director Kevin Butler represented Lakewood City Council during both the trial and appeal of this matter.