Court dismisses Hope's case against Holt, Hillsboro
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
Highland County Common Pleas Court Judge Rocky Coss has dismissed a $2.6 million lawsuit brought against the city of Hillsboro by Parker Hotel owner Jack Hope, saying that administrative relief through the Hillsboro City Council should be sought before the court system is involved.
Hope, who is acting as his own attorney, filed the suit against the city and Hillsboro Safety and Service Director Ralph Holt in April, stating, "The Plaintiff, Mr. Jack Hope, moves the court to find Defendant Ralph Holt and the city of Hillsboro guilty of undue aggravation and damage to Mr. Hope's reputation. Damages in excess of $100,000 have been received by Mr. Hope and the estimated cost to restore the Parker Hotel and bring it up to code has been estimated at $2,500,000. The court is thereby moved to assign these total damages of $2,600,000 to the defendant."
The suit was filed in response to a March 15 letter sent to Hope by Holt, on behalf of the city, informing him that the city would begin the process of tearing down Hope's structures, located at 131-137 W. Main St. Holt said the decision was based by an inspection report by structural engineer Kenneth Isham that deterioration in the building makes it unsafe.
The city, represented by Hillsboro Deputy Law Director Kathryn Hapner, filed a motion to dismiss the case April 15, stating that "a written communication from (Hope) which it will deem to be an objection to the finding of the housing inspector. However, no hearing before the property maintenance and restoration committee has taken place. At the hearing before (the committee, Hope) will be provided an opportunity to to present any evidence and testimony that is relevant to the issue. Because (Hope) has not exhausted his administrative remedies, his complaint is not ripe for adjudication by this court and must be dismissed."
According to Hillsboro ordinances, since Hope has filed a written objection with the city, there will be a hearing on the matter before the city council's property maintenance and restoration committee. Council member Bonnie Parr is the chairperson of that committee. Parr is also employed at Vickie's Restaurant, which is a tenant of Hope's in the block of structures the suit is centered around.
Hope told The Highland County Press on Tuesday that a hearing has not been scheduled by the city.
Hapner also wrote, "Even if (Hope) had exhausted his administrative remedies his complaint should still be dismissed for failing to state a claim upon relief can be granted. In his complaint, (Hope) alleges only that the city of Hillsboro is 'guilty of undue aggravation and damage to Mr. Hope's reputation.' The city of Hillsboro is not party to this action. The defendant is Ralph Holt, and there are no allegations made against Ralph Holt. Further, 'undue aggravation' is not a cause of action recognized under Ohio law."
According to the entry filed Tuesday by Coss, "The court notes that the complaint fails to set for any legal theories as to the plaintiff's cause of action. It simply states that the defendant sent him a notice an alleges that the controversy between the plaintiff and defendant has been documented in the local press and in prior court proceedings. That is not a legal basis on which plaintiff can proceed against the defendant or the city of Hillsboro. The court finds that the plaintiff's pro se (acting as his own attorney) complaint has failed to exhaust administrative remedies available to him under the Hillsboro City Ordinances. The complaint did not allege that these ordinances are unlawful or unconstitutional."
The judgment of the court states that, "it is hereby ordered that the plaintiff's complaint be and is hereby dismissed without prejudice for failure to state a claim upon to which relief can be granted. The plaintiff shall pay the costs of this action. The court finds that there is no just cause for delay and that this is a final appealable order."
Highland County Common Pleas Court Judge Rocky Coss has dismissed a $2.6 million lawsuit brought against the city of Hillsboro by Parker Hotel owner Jack Hope, saying that administrative relief through the Hillsboro City Council should be sought before the court system is involved.
Hope, who is acting as his own attorney, filed the suit against the city and Hillsboro Safety and Service Director Ralph Holt in April, stating, "The Plaintiff, Mr. Jack Hope, moves the court to find Defendant Ralph Holt and the city of Hillsboro guilty of undue aggravation and damage to Mr. Hope's reputation. Damages in excess of $100,000 have been received by Mr. Hope, and the estimated cost to restore the Parker Hotel and bring it up to code has been estimated at $2,500,000. The court is thereby moved to assign these total damages of $2,600,000 to the defendant."
The suit was filed in response to a March 15 letter sent to Hope by Holt, on behalf of the city, informing him that the city would begin the process of tearing down Hope's structures, located at 131-137 W. Main St. Holt said the decision was based by an inspection report by structural engineer Kenneth Isham that deterioration in the building makes it unsafe.
The city, represented by Hillsboro Deputy Law Director Kathryn Hapner, filed a motion to dismiss the case April 15, stating that "a written communication from (Hope) which it will deem to be an objection to the finding of the housing inspector. However, no hearing before the property maintenance and restoration committee has taken place. At the hearing before (the committee, Hope) will be provided an opportunity to present any evidence and testimony that is relevant to the issue. Because (Hope) has not exhausted his administrative remedies, his complaint is not ripe for adjudication by this court and must be dismissed."
According to Hillsboro ordinances, since Hope has filed a written objection with the city, there will be a hearing on the matter before the city council's property maintenance and restoration committee. Council member Bonnie Parr is the chairperson of that committee. Parr is also employed at Vickie's Restaurant, which is a tenant of Hope's in the block of structures the suit is centered around.
Hope told The Highland County Press on Tuesday that a hearing has not been scheduled by the city.
Hapner also wrote, "Even if (Hope) had exhausted his administrative remedies, his complaint should still be dismissed for failing to state a claim upon which relief can be granted. In his complaint, (Hope) alleges only that the city of Hillsboro is 'guilty of undue aggravation and damage to Mr. Hope's reputation.' The city of Hillsboro is not party to this action. The defendant is Ralph Holt, and there are no allegations made against Ralph Holt. Further, 'undue aggravation' is not a cause of action recognized under Ohio law."
According to the entry filed Tuesday by Coss, "The court notes that the complaint fails to set for any legal theories as to the plaintiff's cause of action. It simply states that the defendant sent him a notice and alleges that the controversy between the plaintiff and defendant has been documented in the local press and in prior court proceedings. That is not a legal basis on which the plaintiff can proceed against the defendant or the city of Hillsboro. The court finds that the plaintiff's pro se (acting as his own attorney) complaint has failed to exhaust administrative remedies available to him under the Hillsboro City Ordinances. The complaint did not allege that these ordinances are unlawful or unconstitutional."
The judgment of the court states that, "it is hereby ordered that the plaintiff's complaint be and is hereby dismissed without prejudice for failure to state a claim upon to which relief can be granted. The plaintiff shall pay the costs of this action. The court finds that there is no just cause for delay and that this is a final appealable order."
[[In-content Ad]]