‘Frivolous action’ may cost Conneaut $57,000
By Mark Todd, Star Beacon, Ashtabula, Ohio | |
McClatchy-Tribune Information Services |
Law Director
The city, meanwhile, is checking with its insurance carrier to see if the cost is covered, Finance Director
At issue is legal action taken in 2008 regarding the status of a strip of lakefront land. What may have begun as a dispute between landowners in the
The couple then filed a claim for attorney fees, alleging the city and other defendants engaged in "frivolous conduct" when it pursued a specific legal course of action. Mackey, in his ruling, said the city's motive in filing the action was to have the court determine the rightful owner rather than spend money to do the research itself.
"The court finds the city of
The conduct of other defendants, including then-law director
On the matter of the legal bill, Mackey noted the Peaspanen's spent considerable money in attorney fees over a period of more than two years to establish their case for ownership.
"Instead of choosing to do the legal and title research, or hiring it to be done, to determine the property rights of this disputed strip of land, the city of
"The court finds the frivolous conduct on the part of (the city) in not conducting proper research concerning the ownership of the property prior to filing its lawsuit led to considerable expenditure on the part of
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