Motion filed to dismiss city's appeal

The attorney representing Bill and Janet Butler, the owners of the Union Stock Yards, in their ongoing litigation against the city of Hillsboro, has filed a motion to dismiss an appeal of a judge's ruling on the case. Loveland attorney Tom Tepe, in a recent filing at Highland County Common Pleas Court, claims a filing deadline was missed by 10 days. The Butlers sued the city following city council's passage of an emergency resolution on Oct. 2, 2007, which authorized Mayor Dick Zink to purchase the stockyards property for no more than $325,000. The city's counsel, Kathryn Hapner, maintains the purchase agreement was not signed. Tepe contends the Butlers and the city "had a deal, and the city now wants to renege on its end of the bargain." Judge John Martin, in a June 13 decision, ruled in favor of the Butlers and ordered the city to pay $140,000 in damages to the Butlers. On June 19, Hillsboro City Council voted to have Hapner file an appeal of Martin's decision with the Fourth District Court of Appeals. "I do not think Judge Martin had an understanding of municipal law," Hapner said. "I think he reached his decision about the case and then reasoned backward from there. He cited no municipal law in his decision." Tepe now contends Hapner's appeal was not filed within the mandatory time frame. Hapner responds by saying the clerk of courts has endured staffing reductions and an ever-increasing workload. "I can't physically go to the clerk's office and file it," Hapner said. "The clerk is the best in Ohio, but she's overworked and understaffed." The appellate court has not ruled on Tepe's motion to dismiss; nor has Judge Martin ruled on a motion by Tepe for pre- and postjudgment interest.[[In-content Ad]]