A lawsuit filed in Logan County Common Pleas Court to remove Elaine Fagan-Moore as mayor of the village of Lakeview was dismissed this week, but tensions persist as the absolved mayor calls out those who “orchestrated” the initiative, and opposing counsel decries the mayor’s unwillingness to “win gracefully.”
The Lakeview mayor marked the occasion with a victory lap during a Monday, Dec. 2, village council meeting. She celebrated the case’s dismissal by passing out court documents dropping the case and calling the entire effort “frivolous.” However, the attorney representing the 146 petitioners in the village of Lakeview insist that the dismissal did not vindicate the mayor’s conduct.
The case, filed in August with some public attention, accused Fagan-Moore of violating Section 3.07 of the Ohio Revised Code. The petition alleged she “willfully and flagrantly” exceeded her authority, neglected official duties and engaged in misconduct, including gross neglect of duty and misfeasance.
Attorney Tim Steinhelfer, representing the petitioners, announced the litigation in a press release, and a hearing later in August established a bench trial for Dec. 2-6. The complaint contained 83 specific allegations, grouped primarily into three main areas that included violations of Ohio’s open meetings act; handling of the Lakeview Fire Department; and other allegations of malfeasance.
Petitioners accused the mayor of improperly entering executive sessions and failing to follow up on discussions held in those sessions. The bulk of the petition—55 allegations—focused on alleged mismanagement and disputes involving the Lakeview Fire Department. Other allegations included an incident where the mayor reportedly instructed pedestrians not to cross a street in Lakeview.
A contentious discovery phase ensued through the fall and into November. The mayor’s counsel argued that petitioners failed to provide evidence to support their claims. Fagan-Moore’s team prepared over 2,000 pages of documents, her counsel told the court in one filing. On Nov. 25, the mayor’s legal team filed a motion to compel, seeking a court order to obtain discovery materials from the petitioners.
It’s unclear whether any discovery was provided to the mayor’s legal team. Steinhelfer told the mayor’s legal team in a Nov. 22 email, “My clients are having substantial trouble taking screenshots, so they came to my office this morning to try to remedy that. I’ll send you other responsive documents though.”
Before the court could rule on the motion, both parties agreed to dismiss the case.
Read the entire story in Thursday’s edition of the Examiner