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RESOLUTION NO. 5011 <br /> <br />BY: Messrs. Brockman, Graber, Magnotto, <br /> McBride, Sinagra, Usher <br /> <br /> AN Eb~RGENCY RESOLUTION authorizing the Director of Law to represent <br />the individual members of the Board of Zoning Appeals Jn addition to the City, <br />the~M~yor, tile Planning Director and the Building ComMissioner in a law suit <br />filed against them by Ernest M. Phillips and the Lakewood Civic Association <br />in connection with a proposed ABC Program in the City of Lakewood. <br /> <br /> WHEREAS, Ernest M~ Phillips and the Lakewood Civic Association have <br />filed an injunction action against tile City of Lakewood, the Mayor, the Planning <br />Director, the Building Commissioner and all of tile members of the Board of Zoning <br />Appeals of the City as well as other designated defendants, being Case No. 929589 <br />in the Common Pleas Court of Cuyaboga County, by wbzch law suit the Plaintiffs <br />seek to enjoin tbe City and its agents from granting any building or occupancy <br />permits to the other designated defendants in connection with the establishment <br />of an ABC Program in the City of~ Lakewood, and <br /> <br /> WHEREAS, in addition to the aforementioned injunction, the Plaintiffs <br />seek a monetary judgement against four members of tile Board of Zoning Appeals in <br />the amount of $15,000,000 each, and <br /> <br /> WHEREAS, the members of the Board of Zoning Appeals o~ the City of <br />Lakewood serve the City without compensation and th~s Council is of tile opinion <br />that~ the Director of Law should represent tile individual members of the Board <br />of Zoning Appeals in addition to the City, the Mayor, the PIanning D~rector <br />a6d the Building Commissioner in tile defense of the aforementioned law suit, and <br /> <br /> WUEREAS, this Resolution constitutes an emergency measure in that it <br />provides for the immediate preservation of the public we.lfare and for the further <br />reason that said representation and defense should be provided at the earliest <br />possible kime; now, therefore, <br /> <br />BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Sechion 1. That tbe Director of Law be and be is hereby authorized <br />and directed to represent the individual members of the Board of Zonzng Appeals <br />of the City of Lakewood in addition to the City, the Mayor, the Planning Director <br />and the Building Commissioner of the City in the defense of the law suit now <br />pending in the Common Pleas Court of Cuyahoga County, Ohio entitled "Ernest M. <br />Phillips and the Lakewood Civic Association vs. The City of Lakewood, et al", <br />being Case No. 929589 in said Court and to take whatever legal action }ne deems <br />necessary and appropriate in the defense of said law suit. <br /> <br /> Section 2. That this Resolution ~s ~ebM declared to.be an emergency <br />measure for the reasons stated in the preambl/~ he~eof and provided it receives <br />the affirmative vote of two-thirds of all me~bcrs ~clected t~]C~mcij, it shall <br />take effect and be in force in~ediately upo~ its_~opti~ ~n<~/~pproval by the <br />Mayor. <br />Adopt ed :~~ <br /> <br />Approved: <br /> <br />Cloff <br /> <br />Mayor <br /> <br /> <br />