5820-84 Engage counsel for lawsuit by Plain Dealer

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BY: Brown, Chinnock, Gallagher, Graham, RESOLUTION N0. 5820-84 McBride, Wendling AN EMERGENCY RESOLUTION authorizing the Mayor to engage special outside counsel to represent the City in a lawsuit filed against the City by the Plain Dealer Publishing Company. has been sued in the United StaCompanytrelatingrto WHEREAS, the City the Plain Dealer Publishing erty, er vending boxes on public prop Northern District of Ohio, by the prohibition andlor regulation of newspap and WHEREAS, the City is now in receipt of an ed peed Ordpnance No. Motion For a Preliminary Injunction on the recently 109-83 providing for the regulation of the installation of said newspaper vending boxes, and WHEREAS, the aforementioned lawsuit raises severertisestnnaispeCializl constitutional issues which will involve facilities and exp ed field of law, and WHEREAS, this Council is of tin the defense of cthe aforementioned be appointed to represent the City lawsuit, and enc measure in that it WHEREAS, this resolution constitutes an emerg reservation of the public health, safety, and provides for the immediate R o eration of a municipal department; now, welfare and for the usual daily P therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKEWOOD, ST uthorizedl and Section 1. That the Mayor be and he is hereby e Mr. Henry B. Fisher, of the law firm of Walter, Haver~nethe directed to engag to act as special counsel on behalf of the City Buescher & Chockley ending in the United States District Court CasetNo. defense of the lawsuit now p vs. The City of Lakewood, and being The Plain Dealer Publishing Company ~n sai our authorized and di- Section 2. That the Director of Finance is hereby rected to pay for such professional srovedebyrtheeMayornandhthe Director ofy Law Lakewood as they are rendered and app and to charge same to the General Fund. Section 3. That the of th s Resolution torMry Henryr6ZeFischer,x1215 ed to forward a certified copy Terminal Tower, Cleveland, Ohio, 44113. Section 4. It is found and determined that all formal actions o to the passage of this resolution were this Council concerning and relating adopted in an open meeting of this Council, and that all such deliberations o this Council and of any of itsublm~,tine complianceuwit allslegalorequirements were in meetings open to the p including Section 121.22 of the Ohio Revised Code.