Court Orders City To Pay Legal Fees And Damages In Public Records Case

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Jim O'Bryan
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Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Jim O'Bryan » Fri May 10, 2019 10:28 am

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Cuyahoga County Clerk of Courts Notification [CA-16-104659]

[b]From the courts decision...[/b]
"Although Lakewood promptly complied with a few of the requests and although Essi’s requests were massive and often problematic, Lakewood took over 15 months from the filing of the complaint and approximately a year from the allowance of the amended complaint to satisfy! Essi’s pdblic records request on an important civic matter. The delay in over a year to fulfill the requests was not promptly making the records available within a reasonable time. Lakewood’s actions were not in accord with the principle that public records are the people’s records. Accordingly, the award of the full amount of statutory damages is proper."

People say we had and misquote, here is the real document, not the wrong one like the city posted.
http://media.lakewoodobserver.com/media/docs_1557537934.pdf

Just minutes ago it was posted that the City of Lakewood must pay "attorney fees and statutory damages pursuant to R.C. 149.43(C) is granted. See journal entry and opinion of same date."

Lakewood residents win another against this city administration.

More to follow.


Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
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Mark Kindt
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Mark Kindt » Fri May 10, 2019 11:05 am

Important Victory For Open Records

Congratulations are in order for Attorney Brian Essi and his team of public interest lawyers!

Their diligence and persistence resulted in the long-delayed release of key public documents about improprieties associated with the liquidation of Lakewood Hospital, now under demolition.

Also, congratulations to lawyers Donna Kolis, Marc Dann (former Ohio Attorney General), and Matt Markling. Stellar work!

This opinion (and the earlier court opinions on this matter) show the City of Lakewood Law Department in a very poor light as well as the city administration that manages that Law Department.

Also confirms that the earlier city administration press release on their so-called "victory" in this case was just another public relations lie.

Bad government, indeed!

More soon.


Bridget Conant
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Bridget Conant » Fri May 10, 2019 11:30 am

WIN. WIN. WIN


A WIN for Brian Essi!

A WIN for Attorney Matthew Markling!

A Win for Lakewood residents!

A WIN for JUSTICE!


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Jim O'Bryan
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Jim O'Bryan » Fri May 10, 2019 12:39 pm

Bridget Conant wrote:[A Win for Lakewood residents!

A WIN for JUSTICE!


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The Mayor's number one boot licker screamed a year ago, "City of Lakewood WINS PUBLIC RECORDS CASE, time for the LO to put on their Big Boy pants!" The delusion of a sycophant calling a court case wrong, 1 year too early just to say they were right.

Mayor Summers ands his gang of sycophants are another amazing sign that politics, and politicians have lost their way.

How is losing City Money a win for residents? They ask in lower forms of discussions. Honesty, Transparency and Accountability is a win for all.

Well first it was the city that chose to fight what ever court told them were public records. But at the first ruling, City Hall and their enablers yelled from every source, LAKEWOOD WINS. No Lakewood would have lost, if Essi lost. But Lakewood residents won, and the Summers gang went on to just cover up and lie more.

Had the City acted honestly and in good faith. Lakewoodites would have learned:
1) CCF was not pulling out but asked to leave.
2) That the members of the city worked in secret to make this happen all the way back to 2010.
3) That the $120 million the sycophants floated at the request of the Mayor, were all lies.
4) That the comments made by Jen Pae were fraudulent and wrong.
5) That the city was gambling $258 million dollars over ten years on a glorified strip mall.

Thank to the City's reluctance to be forthcoming to legitimate questions we also found out in the suit..
6) City Hall actively hid documents and lied about documents to help confuse and mislead residents about the Hospital closing.
7) Council President O'Leary had no qualms about filing false affidavits. (Later corrected when it was pointed out)
8) They did have plans for a Rec Center as reported here, LO was called lying on, and they care more about the transfer of the Foundation dollars then the health and future of Lakewood residents.

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From Day One Of The Hospital Debacle, all any of us asked for was City Hall to be truthful, and transparent. Summers Administration City Council and sycophants decided residents did not deserve the truth.

.

.


Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
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Bridget Conant
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Bridget Conant » Fri May 10, 2019 12:43 pm

Reading that article in the PD last week about healthcare booming and hospitals expanding and building more facilities, now reading how the city deliberately withheld documents related to the hospital closure, I have to ask,

What don’t you understand?

We were lied to and our public hospital was closed so a few people could get their hands on millions of dollars meant for the hospital and Lakewood residents.

All you Build Lakewood people who supported this fiasco truly have “Blood on your Hands.”


Bridget Conant
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Bridget Conant » Fri May 10, 2019 12:47 pm

But for the moment, I’m savoring the WIN!

The court ruled

“Lakewood’s actions were not in accord with the principle that public records are the people’s records.”


Thank goodness for the tenacity of Essi and attorney Matthew Markling!

Thank you to both of them for exposing the city’s lies.

You’ve WON!


Dan Alaimo
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Dan Alaimo » Fri May 10, 2019 3:33 pm

Looking over the attendee lists for Lakewood Alive's Civil Discourse event, aside from the expected politicians, I see a lot of familiar names from the Builder crowd.


“Never let a good crisis go to waste." - Winston Churchill (Quote later appropriated by Rahm Emanuel)
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Jim O'Bryan » Fri May 10, 2019 4:55 pm

Dan Alaimo wrote:Looking over the attendee lists for Lakewood Alive's Civil Discourse event, aside from the expected politicians, I see a lot of familiar names from the Builder crowd.


Thank god, if you remember they and their friends were the biggest negative people in the history of the Observer. Then they would hate to their little temples of hate, collapsed narcissism, to call the LO nasty!

They filed false police reports, hired stalkers and internet bullies.

Thank God hopefully they will learn.

For City Hall it is easy, Baby Steps, 1) try telling the truth for just one day.
2) try it again.
3) ok now a full week..

.


.


Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
His Holiness The Dalai Lama
Dan Alaimo
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Dan Alaimo » Fri May 10, 2019 5:28 pm

They are soooo easily offended.


“Never let a good crisis go to waste." - Winston Churchill (Quote later appropriated by Rahm Emanuel)
Michael Deneen
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Michael Deneen » Sat May 11, 2019 8:10 am

Summers' lifelong collaborator Jay Foran has been on social media trying to spin this story as "good news" for City Hall.
Apparently Jen Pae is on vacation (or perhaps busy updating her resume.....).


There's an old saying in politics: "When you're explaining, you're losing".
Team Summers has been doing a LOT of explaining lately.


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Jim O'Bryan
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Jim O'Bryan » Sat May 11, 2019 8:46 am

Michael Deneen wrote:Summers' lifelong collaborator Jay Foran has been on social media trying to spin this story as "good news" for City Hall.
Apparently Jen Pae is on vacation (or perhaps busy updating her resume.....).


There's an old saying in politics: "When you're explaining, you're losing".
Team Summers has been doing a LOT of explaining lately.


Wait, collaborator?!!!! I thought he was merely a friend helping out! He seems so neutral and unbiased. Wait he told everyone to hurry and vote right away it was a once in a lifetime opportunity! :roll: That there was never a rec center planned. :roll: That the Essi's lawsuit was settled a year ago. :roll:

The way I see the ruling yesterday. The Judge admits that Lakewood kept important documents, and facts from the residents of Lakewood through stonewalling, lying, hiding and destroying documents, and those documents could have been instrumental in residents decisions in 3 elections. That's right, City Hall kept facts from Lakewoodites, on what they called a "GREAT DEAL FOR LAKEWOOD."

As one of the mayor favorite sycophants love to talk about putting on "Big Boy Pants" for some reason?

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I would suggest they follow their suggestions and admit, what the courts found. It was all bullshit, and they covered it all up.

PROOF - They still destroy and hide documents. Less than 1/4 of documents requested were actually released.

Release all the documents now, and let the residents decide for themselves how bad your lies were.

.


Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
His Holiness The Dalai Lama
Bridget Conant
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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Bridget Conant » Sat May 11, 2019 8:55 am

When you think about their strategy, it makes sense, money wise.

They decided to withhold information adverse to their hospital narrative in order to influence the public vote in their favor.

There were two possible outcomes of a legal challenge, both of which would be in the future and would still provide them with the delay they needed to push it through. They would either get away with it scot free, or they’d be fined, which they were.

They calculated that the cost of the fine would be worth it and it is - a few hundred thousand in exchange for the MILLIONS of dollars in the foundation.


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Re: Court Orders City To Pay Legal Fees And Damages In Public Records Case

Postby Jim O'Bryan » Sat May 11, 2019 9:13 am

Bridget Conant wrote:When you think about their strategy, it makes sense, money wise.

They decided to withhold information adverse to their hospital narrative in order to influence the public vote in their favor.

There were two possible outcomes of a legal challenge, both of which would be in the future and would still provide them with the delay they needed to push it through. They would either get away with it scot free, or they’d be fined, which they were.

They calculated that the cost of the fine would be worth it and it is - a few hundred thousand in exchange for the MILLIONS of dollars in the foundation.


Bridget

First, the only thing they really cared about immediately and in plain site. Transferring of Foundation money to control by supporters.

The point is, this administration was worse then we even reported. Finally courts have found, City Administration withheld documents that could have been crucial in a resident's decision in voting, support, how they wrote checks and what the actual truth was through 3 elections. Of course these elections are the only thing they can point to, as decision made. Now we can factually say, no the incredibly narrow vote might have been City Hall held back information and actively covered up the truth.

When you add in intimidation, false police reports, SLAPP lawsuits, and brutal bullying behavior through any platform they could influence, it is easily the ugliest moment in Lakewood's history and the worst administration as well.

This court decision underlines what we said was true.

.


Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
His Holiness The Dalai Lama

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