The Ohio First District Court of Appeals has refused to issue a stay in its decision on the Cincinnati parking lease case, possibly clearing the way for the city administration to move forward with the controversial plan.
But Curt Hartman, a lawyer for the plaintiffs who brought the original lawsuit against the parking lease ordinance passed by council in March, says they will ask the Ohio Supreme Court to hear the case "as soon as possible."
So, it appears there will be no referendum on the city of Cincinnati’s parking lease agreement on the ballot this fall.
Unless, that is, in the unlikely event that the Ohio Supreme Court decides to take up the appeal of the decision made by the Ohio First District Court of Appeals this week saying the agreement is not subject to referendum because it was passed in March as an emergency ordinance.
But nobody on either side of this really expects this to happen.
The fate of the city of Cincinnati’s parking lease ordinance – and whether or not citizens can put a referendum on the November ballot – is now in the hands of a three-judge panel of the Ohio First District Court of Appeals, which heard oral arguments from both sides Monday morning.
The three judges – Penelope Cunningham, Patrick Dinkelacker, and Pat DeWine – heard from lawyers from the city and for the plaintiffs who filed the common pleas lawsuit against the parking lease plan in a half-hour hearing.