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<br />Resolution No. 90 3 <br />Introduced by : Mr m Barcl ay <br />A RESOLUTION AUTHORIZING. AND DIRECTING THE LAW <br />DIRECTOR TO PROVIDE A DEFENSE IN LITIGATION PENDING <br />IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN <br />DISTRICT OF OHIO, EASTERN DIVISION, CASE #C73-1143, <br />AND DECLARING AN EMERGENCY <br />WHEREAS, Charles E. Studen, Berta E. Studen and Don Ray Products <br />Company instituted legal proceedings on November 1, 1973 in the United States <br />District Court for the Northern District of Ohio, Eastern Division, Case <br />#73-1143 wherein Robert S. Beebe, Sandor Bordonaro, Lloyd (Floyd) E. Davis, <br />Wm. E. Boger, John D. Leech, Robert E. Schulte, Frank A. Prager, Robert T. <br />Hopkins, Erling G. Wennerstrom, Robert W. Kreckel, Gus Amendola and A. D'Agostino <br />have been named defendants while serving in various official capacities in <br />Mayfield Village, Ohio; and <br />WHEREAS, the plaintiffs seek compensatory and punitive damages against <br />the individual defendants as well as a declaration that the zoning ordinance in <br />Mayfield Village in respect to plaintiffs' land is void and of no effect, and a <br />Court order directing the issuance of a building permit to plaintiffs;; and <br />tidfiEREAS, at all times material to said litigation said defendants were <br />acting in good faith in the performance of their official duties as they under- <br />stood those duties to be, and did not know, nor reasonably should have known, <br />that their actions would violate the constitutional rights of the plaintiffs; <br />and <br />WHEREAS, Ohio Revised Code, Section 733.48, provides: <br />"When it deems it necessary, the legislative authority of a <br />Village may provide legal counsel for the Village, or for any <br />department or official thereof, for a period not to exceed two <br />years, and provide compensation for such counsel." <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, <br />CUYAHOGA COUNTY, OHIO, THAT: <br />Section l. The Law Director be and he is hereby authorized and directed <br />to defend t.he individuals named above in the aforementioned litigation and any <br />appeal thereof and the municipality will assume legal fees and court costs con- <br />nected therewith excluding any damages, compensatory or punitive, imposed upon <br />any or all of such defendants, pro.vided those individuals affirmatively indicate <br />their desire that the Law Director act in said capacity.