Lawsuit Against City Of Lakewood Dismissed

LAKEWOOD, OH — The Cuyahoga County Court of Appeals has affirmed a trial court’s decision dismissing a lawsuit against the City of Lakewood for actions taken involving Lakewood Hospital. The ruling also dissolved a Temporary Restraining Order (TRO) that barred the city from razing the hospital building.

Much of the decision appears to center on the November 2016 vote on Issue 64, which saw Lakewood residents affirm an ordinance that allowed Lakewood City Council to enter into agreements that involved the destruction of the hospital building.

"In conclusion, while Plaintiffs have standing to sue as taxpayers under the statutory scheme, their claims were rendered moot by series of events culminating in the majority of the Defendants residents voting in favor of closing Lakewood Hospital," wrote Judge Patricia Ann Blackmon in the decision from the Court of Appeals. Judges Mary Boyle and Anita Laster Mays concurred with Blackmon's opinion.

The judges do note that had the lawsuit come prior to the introduction of a new Master Agreement between the city and the Cleveland Clinic, and the public vote on Issue 64, the lawsuit may have held up under scrutiny.

The suit accused city officials of abusing their power in pursuing a new use of the Lakewood Hospital site. The suit was dismissed in the Court of Commons Pleas and then brought to the Court of Appeals. The judges affirmed many of the lower court's rulings, saying the accusations in the suit had no standing.

The decision from the Court of Appeals also means that the TRO against the city has been dissolved.

City Law Director Kevin Butler did not respond to Patch's request for comment on this story.

Photo by Rick Uldricks/Patch

Judgement: AFFIRMED - EDWARD GRAHAM,ETAL. PLAINTIFFS-APPELLANTS vs CITY OF LAKEWOOD,ETAL. DEFENDANTS-APPELL... by lkwdcitizen on Scribd