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RESOLUTION NO. 4878 BY: Messrs. Kelley, Magnotto, <br /> McBride, Usher, Wendling, <br /> Brockman, Graber <br /> AN EMERGENCY RESOLUTION authorizing the Mayor to engage special outside <br />counsel to represent the City, the Mayor~ the Director of Law and the members of <br />this Council in a law suit filed against them by Arthur Hazeldine and Victor <br />Zehnder. <br /> <br /> WHEILEAS, Arthur Hazeldine and Victor Zehnder have filed an injunction and <br />declaratory judgment action against the City of Lakewood, the Mayor, the Director <br />of Law, and all of the members of this Council, being Cause No. 904916 in the <br />Common Pleas Court of Cuyahoga County, Ohio, by which law suit the plaintiffs <br />seek to have legislation relating to the rezoning of property fronting on Detroit <br />Avenue between Belle Avenue and St. Charles Avenue and to the construction of a <br />new off-street municipal parking facility declared invalid, and therefore, null <br />and void, and <br /> <br /> WHEREAS, Lake~od City Council is of the opinion that special counsel <br />should be appointed to represent the City, the Mayor, the Director of Law, and all <br />of the members of this Council in the defense of the aforementioned law suit, and <br /> <br /> WHEREAS~ this resolution constitutes an emergency measure in that it <br />provides for the immediate preservation of the public welfare, now, therefore, <br /> <br />BE IT RESOLVED'BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. The the Mayor be and he is hereby authorized and directed to <br />engage the law firm of Squire, Sanders and Dempsey, Cleveland, Ohio, to act as <br />special counsel on behalf of the City of Lakewood, the Mayor, the Director of <br />Law, and all of the members of this Council in the defense of the law suit now <br />pending in the Common Pleas Court of Cuyahoga County entitled "Arthur Hazeldine <br />and Victor Zehnder vs. the City of Lakewood, et al," being Cause No. 904916 in <br />said court and to take whatever legal action it deems necessary and appropriate <br />in the defense of said law suit. <br /> <br /> Section 2. That the Clerk of Council is hereby authorized and directed <br />to send a copy of this resolution to the law firm of Squire, Sanders and Dempsey. <br /> <br /> Section 3. That this resolution is hereby declared ~6 be an emergency <br />measure for the reasons stated in the preambl hereof and providing it receives the <br />affirmative vote of two-thirds of ilt member~ elected to Council~, it shall take <br />Adopted:effect and ~~-~ j~/~7-~zb~zim force .... immediately ~do~~~~~'on and~ ~s~nt'appr° az~ t)~ayor. / <br /> <br /> <br />