$90,000 Spent On Lakewood Hospital Lawsuit

LAKEWOOD, OH — The city of Lakewood has spent more than $90,000 fighting a lawsuit filed by State Senator Mike Skindell. The city released the financial details of its legal battle this week, prompting a war of words between city officials and the state senator.

The city said it spent $90,683 on legal fees while defending against the lawsuit. That includes $11,018 spent in the Common Pleas Court in Dec. 2015, $66,365 on an appeal to the Eighth District in 2016 and early 2017, and $13,300 on the Supreme Court appeal from early 2017 to now.

In an email to Patch, the state senator questioned why the city paid "high sums to contracted outside legal counsel when Lakewood pays salaries in the city's law department of $350,000, including more than $110,000 to the Law Director."

Lakewood City Council President Sam O'Leary, meanwhile, scolded Skindell for what he viewed as nothing more than a stunt for political capital.

“Sen. Skindell's publicity stunt cost Lakewood taxpayers over $90,000 and dragged on for years after the people of Lakewood had their say at the ballot box on this issue,” O’Leary said. “The trial court, court of appeals, and Ohio Supreme Court all saw it as such. At a time when our community has real needs to address, Sen. Skindell should have known better than to continue wasting valuable taxpayer dollars on his own political pursuits."

Skindell also accused the city of using taxpayer money to quietly support other candidates for state senator representative in the area. He said in his email that he "is concerned that the city is using taxpayer money by posting this article in an attempt to advance a particular candidate for State Representative in violation of Ohio Revise Code Section 9.03.” This provision of the law prohibits government from using any public funds to support or oppose any candidate for public office."

Current Lakewood City Councilman Tom Bullock is running against Skindell for the Democratic nomination for state representative.

The original lawsuit alleges misconduct on the part of Lakewood City Council, and its then president Madigan, and sought to block the destruction of Lakewood Hospital. Specifically, Skindell alleges there were closed-door meetings that paved the way for the shutting down of Lakewood Hospital.

"One of Ohio’s goals in governing as set forth in law is that public business is to be open and transparent. Lakewood officials used at least twelve “Executive Sessions”, meetings closed to the public, to close Lakewood Hospital and steer a contract to deliver health care and to steer remaining hospital assets valued upwards to $120 million to the Cleveland Clinic Foundation and another private foundation. Lakewood’s taxpayers had an interest in these assets," Skindell said in an emailed statement to Patch. "The closure resulted in the loss of hospital services in Lakewood, overcrowding at Fairview Hospital, the loss of more than 1,000 good paying jobs and the loss of tax revenues to the city."

However, Cuyahoga County Common Pleas Judge Stuart A. Friedman found that a public vote was taken on the issue, and several public discussions were held. He noted that some negotiations are allowed to be conducted in private and denied Skindell an injunction. Eventually, the Ohio Supreme Court declined to hear an appeal on Friedman's decision and then rejected an appeal on their decision.

Skindell noted there was dissent among the Ohio Supreme Court justices, with some of the judges wanting to hear the case. Still, the appeal to be heard was rejected.

“The closure of Lakewood Hospital was not an easy decision for our community,” City Council President Sam O’Leary said in a statement, “but now that both the residents and courts have had their say, we can all focus on moving Lakewood forward, together.”

The Ohio Supreme Court's decision can be read by clicking here.

Photo from Rick Uldricks, Patch