Attorneys: No stay in parking case

Apr 19, 2013

Not surprisingly the attorneys who successfully challenged the Cincinnati parking lease in court are opposed to the city's request for a judge to stay his decision from last month.  

Lawyers Curt Hartman and Chris Finney filed a response in Hamilton County Common Pleas Court Thursday.  

They argue the question is whether the government, against whom an injunction has been issued, is entitled to an automatic stay while the case is appealed.  Hartmann and Finney write that's only the case when money damages are involved.  That's not the case with this injunction.  

The city asked Judge Robert Winkler nearly two weeks ago to stay his ruling in the parking lease case.  The city argues Winkler's decision is preventing Council from passing ordinances that take effect immediately.  

Solicitor John Curp says that could hamper officials ability to deal with natural disasters or economic development plans.  

Judge Winkler ruled the city cannot move forward with the parking lease until residents get a chance to vote on the issue.  

The city has already asked the Ohio First District Court of Appeals to review the case.  

Parking lease opponents say the city's charter gives residents the right to referendum on any ordinance Council passes.  The city says emergency legislation is exempt from going to voters.  

The Appeals Court is scheduled to hear arguments in the case May 6th.  The deadline for city lawyers to file their brief for that case was Friday.