Tue April 9, 2013
Cincinnati wants judge to stay parking decision
Cincinnati is asking a Hamilton County judge to stay his decision on the city's parking lease while the case is appealed.
The city said the judge's decision has made it impossible for Council to pass a law that takes effect immediately.
The city argues the First District Court of Appeals has already ruled a stay in favor of the government applies even in referendum cases.
Judge Robert Winkler issued an opinion two weeks ago barring the city from moving forward with the lease until residents get a chance to vote.
The city said the appeal is about whether the Cincinnati Charter permits City Council to make any ordinance immediately effective or whether every ordinance is subject to referendum. The judge found all laws are subject to a vote.
Solicitor John Curp said the judge's ruling could cause problems if the city needs to respond to a natural disaster or advance an economic development deal that must be completed faster than 30 days.
Attorney Chris Finney, who represents the plaintiffs in the case, said the city's stay request is another “Hail Mary” attempt to keep the parking lease off the ballot.
An appeals court is scheduled to hear arguments in that case May 6th.
Cincinnati parking plan