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.
An appeals court is scheduled to hear oral arguments on Cincinnati's parking lease May 6th.
The First District Court of Appeals released a filing Wednesday with the schedule for the case.
The city will have to have submit its brief by April 19th and lawyers representing the residents who oppose the parking plan will have to respond by April 29th.
The court also said those briefs could be no more than 20 pages long. That split the difference between the two sides. The city had suggested a 15 page limit and the opposing lawyers wanted 25.
Cincinnati's Mayor and the five Council Members who voted for the controversial parking lease proposal are asking residents to get the facts before signing petitions to put the measure on the ballot.
Cincinnati is asking the Ohio First District Court of Appeals to hear oral arguments concerning the city's parking lease plan on either April 18th or 22nd.
The city would like a decision by May 1st.
The city is proposing to file its brief with the court next Monday and for the opposing lawyers to provide their response by April 15th.