Cincinnati parking

A three judge panel of Ohio First District Court of Appeals will hear oral arguments Monday in a case concerning the city's parking lease.  

The city argues a Hamilton County Judge made an error when he declared all city ordinances are subject to referendum.  It also argues the plaintiffs who brought the case don't have standing to bring their claims.  

The lawyers who filed the lawsuit for the taxpayers submitted their brief to the appeals court Monday.  

Cincinnati lawyers are making two major arguments as the city appeal’s a judge’s decision that let opponents of the parking lease place the issue on the November ballot.  

In a brief filed Friday with the Ohio First District Court of Appeals city lawyers argued the trial court erred by declaring that all city ordinances are subject to referendum and that the plaintiffs have standing to bring their claims. 

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.  

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.  

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