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Resolution No. 897 <br />Introduced by: Robert Barclay <br />A RESOLUTION AUTHORIZING AND DIRECTING THE LAW-DIRECTOR TO <br />PROVIDE A DEFENSE IN LITIGATION PENDING IN THE UNITED STATES <br />DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, EASTERN <br />DIVISION, CASE #C73-1143, AND DECLARING AN EMERGENCY <br />WHEREAS, Charles E. Studen, Berta E. Studen and Don Ray Products Company <br />instituted legal proceedings on November 1, 1973 in the United States District Court <br />for the Northern District of Ohio, Eastern Division, Case #C73-1143 wherein Robert <br />5. Beebe, Sandor Bordonaro, Lloyd (Floyd)E. Davis, Wm. E. Boger, John D. Leech, Robert <br />E. Schulte, Frank A. Prager, Robert T. Hopkins, Erling G. Wennerstrom, Robert W. <br />Kreckel, Gus Amendola and A. D'Agos.tino have been named defendants while serving in <br />various official capacities in Mayfield Village, Ohio; and <br />WHEREAS, the plaintiffs seek compensatory and punitive damages against the <br />individual defendants as well as a declaration that the zoning ordinance in Mayfield <br />Village in respect to plaintiffs' land is void and of no effect, and a Court order <br />directing the issuance of a building permit to plaintiffs; and <br />WHEREAS, at all times material to said litigation said defendants were acting <br />in good faith in the performance of their official duties as they understood those <br />duties to be, and did not know, nor reasonably should have known, that their actions <br />would violate the constitutional rights of the plaintiffs. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: <br />Section 1. The Law Director be and he is hereby authorized and directed to <br />defend the individuals named above in the aforementioned litigation and any appeal <br />thereof and the municipality will assume legal fees and court costs connected therewith, <br />excluding any damages, compensatory or punitive, imposed upon any or all of such <br />defendants, provided, those individuals affirmatively indicate their desire that the <br />Law Director act in said capacity. <br />Section 2. This resolution is declared to be an emergency measure, necessary <br />for the preservation of the public welfare and safety of the citizens of Mayfield <br />Village, Ohio, for the reason that each of the named individual defendants are entitled <br />to be provided legal representation as officials of this municipality; wherefore, this <br />ordinance shall be in full force and effect from and after the date of its adoption. <br />Adopted this 26th day of August,.1975. <br />Attest: <br />OF COUNCIL <br />?rApprov'ed: