Temporary Restraining Order Granted By Courts

[Jim O'Bryan]

As predicted here by one of our legal experts, The Cuyahoga Court of Appeals (3 Judges) have granted a temporary restraining order tearing down the hospital. While there was no vote of tonight just a third reading, which could lead to a vote. This ruling means nothing can go ahead with the actual destruction of Hospital property.

As mention by Mark Kindt in "Bold Move To Protect Lakewood Hospital" http://lakewoodobserver.com/forum/viewt ... =7&t=24742, rarely will the Appeals court to allow any destruction to go forward while a case is still under appeal.

It should be noted that at least two court cases deal with this, and though the City has repeatedly celebrated "wins" the cases continue, and being taken extremely seriously by the courts.

Stay tuned.

[Bridget Conant]

The judgement entry is online at the court website.

It behooves one to read it in its entirety!

[Bridget Conant]

From the city brief in opposition to restraining order and injunction:

Appellants’ sought after injunction has the potential to harm third parties, Carnegie and the Cleveland Clinic. Carnegie has been working on this project since the City issued its Request for Qualifications on February 6, 2017. An injunction has the potential to delay Carnegie’s commencement of this project. Appellants blithely state that Carnegie will not be harmed because there is a nine month due diligence period, which can proceed even with an injunction in place. Appellants are wrong.

So glad the city spends the time and money to file yo protect, NOT THE CITY AND TAXPAYERS, But a developer and the billionaire healthcare monopoly.

Real nice use of my tax money.

This mayor and administration SUCK.

[pj bennett]

DITTO!

[Bridget Conant]

This court enjoins all parties to this appeal from taking any action “that would raze Lakewood Hospital” after the April 30, 2018 special council meeting. Appellants’ motion for preliminary injunction is held in abeyance until further order of this court.

This TRO shall remain in full force and effect until this court resolves the merits of this appeal, rules on appellants’ motion for preliminary injunction, or issues further order.

[Nadhal Eadeh]

Updated with O’leary quotes:

http://www.cleveland.com/metro/index.ss ... od_ho.html

When is Sam O’Leary up for re-election?

[Bridget Conant]

Not soon enough!

Bye bye Sammy!

[mjkuhns]

"City council president Sam O'Leary said the plaintiffs 'pulled a fast one' on the court."

That seems less than respectful toward the judges of the appellate court.

As does the mayor's comment, just made before city council, that "What I am disappointed in is that the court was misled." When laughter followed the council president chided attendees ""Excuse me, can we all be respectful."

[pj bennett]

I was pleased when Meghan George asked the mayor, "Why do you feel the court was misled?"
Whatever it was, that he responded with, Ms. George went on to say that she did not agree with his opinion.

An independent thinker on council. How refreshing!

[Bridget Conant]

Meghan George is an independent thinker and she has what’s best for Lakewood as her goal, not what’s best for her or a special group of privileged takers.

I expect there will be attempts to malign her to try and diminish her and prevent her from succeeding.

Watch for it. It’s how they do things in the Summers Administration.

Why, if Summers knew how to tweet, he’d be our very own Trump!

[T Peppard]

I was pleased when Meghan George asked the mayor, "Why do you feel the court was misled?"
Whatever it was, that he responded with, Ms. George went on to say that she did not agree with his opinion.

An independent thinker on council. How refreshing!

Yes, both Councilwoman George & Councilman Radar were extremely diplomatic, fair and firm with their questions. They truly represented their constituents this evening.

Despite the efforts of Council President O’Leary, Councilman Bullock, Mayor Summers & Carnegie Development Corporation, Judge Blackmon’s order definitely affected the outcome of this rushed meeting.They did not get their 3rd reading. The representative from Carnegie was FURIOUS.

It is my understanding there will be an executive session to discuss the legal ramifications of moving forward with a restraining order at the next meeting.

[Nadhal Eadeh]

1.Sam O’Leary would like to be mayor. Mayor Summers is clearing the path for Sam. O’Leary is considered a “rising star” in the Cuyahoga County orbit. Rising star because he can be easily bought.

Power can be given and power can be taken away....

2. People wonder why the Democratic Party lost the last election. Politicians like O’Leary and Bullock stand for absolutely nothing. It’s profit over people. Again, who swaps out their largest most stable employer for retail?

3. This issue could be put to bed very easily. It takes a simple letter to the Ohio Attorney General asking for an audit from members of council. Let’s raise the stakes.

4. Interesting to see how the union reacts. Development is about jobs, union jobs. The unions do not care about the morality of the Lakewood Hospital deal. Outside of Rader and George, which council member stands up to Carnegie and the Summers regime?

Nadhal

[cameron karslake]

Major thanks and congratulations to the incredible attorneys who have worked tirelessly for years now representing the people of Lakewood.

If it weren't for them, the people of Lakewood would have no representation at all!

Throwing wrenches into the machine is one way to slow things down.

[Bridget Conant]

Interesting to see how the union reacts. Development is about jobs, union jobs. The unions do not care about the morality of the Lakewood Hospital deal

Unfortunately, the unions have always been short-sighted and favored development at any cost because all they cared about was construction jobs - if you aren’t building
then you have no work. These jobs are TEMPORARY jobs. When the work is complete, the jobs are gone.

The building trades unions supported the beleaguered “Medical Mart,” and basically all the downtown boondoggles because they don’t look into the future and the REAL impact these projects have on the local economy.

So their participation here is expected.

[Mark Kindt]

Here is the Court document granting the TRO