Court hears from city, Hope regarding attorney fees
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A hearing regarding miscellaneous motions in the litigation between the city of HIllsboro and Jack Hope, owner of the Parker Hotel, was held Wednesday in Highland County Common Pleas Court.
In July, Judge Rocky Coss ruled that the city must pay Hope's attorney fees following a May judgment in his favor regarding the city's attempt to demolish Hope's property on West Main Street due to safety concerns regarding the structures.
A dollar amount for the attorney fees had not previously been reqeusted by the court.
"They argued what they thought the total should be for his lawyers," Hillsboro Mayor Dick Zink said Wednesday regarding the hearing. "We won't know until (Coss) decides, but I don't think it's going to be as much as (Hope) says it should be."
The city is represented by Deputy Hillsboro Law Director Kathryn Hapner and Hope is represented by Joseph L. Trauth Jr.
Coss' judgment in may regarding the attorney fees stated "Hope is entitled to collect attorneys' fees because he asserted claimed that 1) Hillsboro violated Hope's state and federal constitutional rights by attempting to destroy Hope's private property pursuant to a city ordinance that was in conflict with the Ohio Revised Code and therefore invalid and 2) Hillsboro denied Hope his procedural right to due process rights as guaranteed by both the Ohio and United States Constitutions ... As a prevailing plaintiff in this case, Hope is entitled to recover his attorney's fees he expended to right the constitutional wrong committed by Hillsboro."
According to court documents, "The court will not consider any fees for work done in the case prior to the filing of the amended complaint as that is the first time that the constitutional claims were raised. If no request for evidentiary hearing is filed, the court will decide the amount to be awarded based upon the case file, the affidavit and memoranda of the parties."
Coss will make a determination on the fees and file his judgment with the court.
A hearing regarding miscellaneous motions in the litigation between the city of Hillsboro and Jack Hope, owner of the Parker Hotel, was held Wednesday in Highland County Common Pleas Court.
In July, Judge Rocky Coss ruled that the city must pay Hope's attorney fees following a May judgment in his favor regarding the city's attempt to demolish Hope's property on West Main Street due to safety concerns regarding the structures. The judgment found that the city's ordinance under which they attempted to demolish the structures was unconstitutional. The city has since taken steps to amend the ordinance.
A dollar amount for the attorney fees had not previously been reqeusted by the court.
"They argued what they thought the total should be for his lawyers," Hillsboro Mayor Dick Zink said Wednesday regarding the hearing. "We won't know until (Coss) decides, but I don't think it's going to be as much as (Hope) says it should be."
The city is represented by Deputy Hillsboro Law Director Kathryn Hapner and Hope is represented by Joseph L. Trauth Jr.
Coss' judgment in may regarding the attorney fees stated "Hope is entitled to collect attorneys' fees because he asserted claimed that 1) Hillsboro violated Hope's state and federal constitutional rights by attempting to destroy Hope's private property pursuant to a city ordinance that was in conflict with the Ohio Revised Code and therefore invalid and 2) Hillsboro denied Hope his procedural right to due process rights as guaranteed by both the Ohio and United States Constitutions ... As a prevailing plaintiff in this case, Hope is entitled to recover his attorney's fees he expended to right the constitutional wrong committed by Hillsboro."
According to court documents, "The court will not consider any fees for work done in the case prior to the filing of the amended complaint as that is the first time that the constitutional claims were raised. If no request for evidentiary hearing is filed, the court will decide the amount to be awarded based upon the case file, the affidavit and memoranda of the parties."
Coss will make a determination on the fees and file his judgment with the court.
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