Experience
Wastewater Enforcement Defense
Defense of municipality in connection with waste water permit violations from its POTW. Successfully negotiated reduction in civil penalty and consent agreement for return to compliance.
Anonymous Plaintiff v. City / Village
Briefed municipal taxation issue to Ohio Supreme Court. Court principally adopted brief to overturn prior case law and establish new standard for municipal pre-emption.
Breach of Warranty Case Involving Alleged Vehicle Defects
We represented a major motor vehicle distributor in a breach of warranty case that went to a jury trial in Licking County, Ohio. The Plaintiffs alleged that defects with the vehicle were causing significant and premature wearing of the vehicle’s tires. We obtained a defense verdict on behalf of our client.
City
Successfully prosecuted multiple property annexations for City in front of County Commissioners, including appeal to Court of Common Pleas.
City / Village v. Property Owners
Tried eminent domain suit to conclusion. Jury award in between both sides' fair market value expert testimony. In separate cases, successfully defeated challenge to right-to-take before settling.
City of Maysville v. Commonwealth of Kentucky, Finance and Administration Cabinet
In this matter, we represent an organization of municipal governments across the Commonwealth of Kentucky. On behalf of our client, we filed a declaratory judgment action for interpretation of Kentucky funding statutes seeking a declaration from the Franklin Circuit Court that the statutes required that certain court fees be provided to Kentucky cities, rather than to Kentucky Sheriff's offices. The Franklin Circuit Court ruled in favor of our client on a Motion for Judgment on the Pleadings. The opponent appealed to the Kentucky Court of Appeals, and the case was ultimately settled in our client's favor.
Former Council Member v. Former Vice-Mayor
The plaintiff was a former Lexington-Fayette Urban County Government council-member who brought claims against our client, the former Vice-Mayor of the Lexington-Fayette Urban County Government. In his claim, the plaintiff has alleged claims of defamation, tortious interference and abuse of process. We were successful in getting the case dismissed by the trial court on summary judgement which was recently affirmed by The Kentucky Court of Appeals.
Greater Cincinnati Plumbing Contractors' Association, et al. v. City of Blue Ash
Our firm represented the City of Blue Ash, Ohio, in a suit brought by trade associations and contractors challenging the legality of the city's use of a design-build bidding process for renovation of the city recreation center. The court of appeals determined that the city's use of the desgin-build bidding process was a proper exercise of its home-rule power, and affirmed the lower court ruling granting of the city's motion for summary judgment.
Lead Negotiator in Collective Bargaining
The City of Blue Ash has 4 bargaining units in its police, fire and maintenance departments. Every 3 years, I am the lead negotiator in the contract negotiations. I am in negotiations every year for the City because of the rotation of the contracts. The Units are as follows: International Association of Fire Fighters, Local 4380, Fraternal Order of Police, Ohio Labor Council, Blue Ash Patrol Officers Benevolent Association, International Association of Fire Fighters, Local 3203, Ohio Council 8, AFSCME, LOCAL 1092-F
Privacy Litigation
Defended Ohio's former Secretary of State in a class action alleging violation of rights to privacy, personal security, and due process seeking declaratory, preliminary and injunctive relief to prevent publication of Social Security numbers contained on UCC-financing statements. Favorable settlement achieved after argument on TRO and preliminary objection without entry of consent decree, and in subsequent fee litigation Plaintiffs Lodestar and class representative incentive awards were denied. Ultimate fee award was less than sought by Plaintiffs.
Published Decisions - Federal
Selected published decisions - Federal:
- Lavender v. City of Blue Ash, 162 Federal App. 548, (6th Cir. 2006)
Summary judgment upheld--Officers who detained plaintiff had reasonable belief that armed robber might have been in car, and were justified in using force to secure scene. - Watson v. City of Mason, No.: C-1-04-283, United States District Court for the Southern District of Ohio, Western Division, 2005 U.S. Dist. Lexis 27116, (November 8, 2005).
Summary judgment upheld--city’s municipal court building did not violate ADA. - Feinthel v. Payne, No. 04-3057, United States Court of Appeals for the Sixth Circuit, 121 Fed. Appx. 60; 2004 U.S., (December 30, 2004).
Summary judgment upheld--City policy did not cause the injuries, there was probable cause for the search and arrest, and the force was proper under the circumstances. - Paquette v. City of Mason, 250 F. Supp. 2d 840; 2002 U.S. Dist. Lexis 25934, (September 3, 2002).
Summary judgment upheld--Employee’s e-mail did not constitute a matter of public concern, and city did not violate Ohio’s Whistleblower Act. - Johnson v. City of Mason, 101 F. Supp. 2d 566; 2000 U.S. Dist. Lexis 8604,
(April 4, 2000).
Summary judgment upheld--Employee’s right leg injury and resulting limitations did not constitute disability within meaning of ADA. - Rucker v. City of Kettering, 84 F. Supp. 2d 917; 2000 U.S. Dist. Lexis 1765,
(February 7, 2000).
Motion for preliminary injunction in civil rights action for denial of employment on basis of gender was denied. - Black v. City of Blue Ash, USDC Southern Dist. Of Ohio, C-1:08-CV-00584
Summary judgment granted—plaintiff passenger's constitutional rights were not violated by defendants in the course of a police chase. - DeWald v. Emery Oleochemicals
Defense Verdict—Employee was neither discriminated against nor retaliated against under the Americans with Disabilities Act ("ADA") and Ohio state law (second-chair).
SK Construction v. Municipality
Obtained jury defense verdict in matter involving several million dollars in claims against the owner by the prime contractor based on claims of breach of contract and project design issues which allegedly caused delay.
Village
Negotiated and guided passage of complex Planned Unit Development Zone with developer and multiple governmental and private stakeholders for large redevelopment of industrial property into mixed office and retail use
Village
Represented Village as owner of large, multi-year flood control project in negotiations with co-owner City, contractors, public utilities, private landowners, and U.S. Army Corps of Engineers. The project included contract negotiation, contractor claims, eminent domain, property acquisition, government compliance, utility relocation, and legislation.