Wednesday, January 21, 2009

City ordered to pay attorney fees in convenience store licensing suit

U.S. District Court Judge James Carr has granted a motion for the payment of attorney fees in the lawsuit against the City of Toledo. The amount of the order is $29,999.00

Scott Ciolek is the attorney representing the Midwest Retailers Association who sued the city over the original law. The MWRA was granted a restraining order which prevented the city from implementing the law. Toledo then repealed the law and passed a new one, but has not yet implemented it, pending the outcome of the lawsuit.

The issues in the case are complex, but common sense dictates that this is not a business-friendly action on behalf of the city. Now, it's becoming expensive as well.

Having won the attorney fees for the first portion of the case, is it likely the MWRA will prevail on the amended complaint, especially because the revised law is essentially the same as the repealed one? And, if so, would Toledo and the taxpayers be better off if they didn't fight it?

The amended complaint is in the discovery phase, so stay tuned.

NOTE: I'll add the link for my WSPD Eye On Toledo interview with Scott Ciolek as soon as it's available.


Roman said...

As complex issues go, this seems to be a "no brainer"; to require a business owner to install extra equipment that is not related to its business, however good the idea is anti-business. For people like our city council, with access to city attorneys to pass legislation that is clearly not going to hold up under legal challenge really calls competence into question. Are these the best the city has to offer?

Timothy W Higgins said...

And once more the city, in its mistaken, misguided, and misanthropic methods to subvert business in the city has managed to turn a bad situation worse. We can now add $30,000 to the $20 million deficit.

"A drop of water in an ocean of debt."

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