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Big week for small city: Nelsonville sues former councilman; voters reject city plan
Big week for small city: Nelsonville sues former councilman; voters reject city plan

Yahoo

time12-05-2025

  • Politics
  • Yahoo

Big week for small city: Nelsonville sues former councilman; voters reject city plan

NELSONVILLE, Ohio (WCMH) — Nelsonville continues on its regularly scheduled path toward abolishing its charter after a city-led ballot issue failed last week, and now the city is involved in a new lawsuit with a familiar face. Last November, Nelsonville voters approved a citizen-led ballot initiative to abolish its city charter, the first city in Ohio to do so. Nelsonville City Council placed an adjusted amendment on the May ballot to grant the city more authority in facilitating the transition between governments. However, the measure failed on Tuesday, with 54% of residents in opposition. Voter turnout was low, with the measure failing 235-201. Without the measure, Nelsonville officials said they worried they might not be able to set salaries or establish wards for the new government. However, some residents felt the motion intruded on voters' will, as it would have repealed and replaced the initial citizen initiative. Here's how every public university in Ohio is preparing for Senate Bill 1 Greg Smith, former councilmember and co-organizer behind the issue to abolish the city charter, sued the city over council's May ballot initiative but withdrew the case when he thought the measure would fail. This week, Nelsonville sued Smith for alleged fraud, flipping the script on a man who has sued the city several times. 'Nelsonville and Mr. Smith, you might say, have come a long way from where they began,' the complaint reads. 'Much of that story has already been told. But, now, finally, it's time to bring the story to a final close. To do that, Nelsonville has been left with no other choice than to seek judicial relief for the fraud Mr. Smith has perpetrated – and continues to perpetuate – against Nelsonville.' Nelsonville is suing Smith and the 25 anonymous others on 10 causes and is demanding monetary relief: Fraud Fraudulent inducement Constructive fraud Breach of contract Specific performance Restitution Anticipatory breach of contract Civil conspiracy Declaratory judgement Injunctive relief Nelsonville and Smith settled a previous court case in December 2023, agreeing to pay Smith $137,500 for several written promises. Under the settlement agreement, Smith was not able to sue about the same issue, waived his right to run for council again and agreed not to ask for any backpay. Ohio family contracted stomach bug from puppy bought from Petland, lawsuit claims According to court documents, Smith emailed the city auditor on April 9, writing he had discovered he was unpaid for his work on council from December 2023 to February 2024. Nelsonville said it had no choice but litigation after Smith's 'demands.' However, Smith denied he violated the settlement, according to court records. 'You use the word demanded,' Smith wrote. 'I have not demanded anything, I asked public officials from my city to explain why a pay correction should not be made or cannot be legally made.' Now, the city alleges the $600 would qualify as backpay, the latest request in what governing officials have dubbed a long conspiracy of fraud. Nelsonville alleges Smith and 25 anonymous co-conspirators have plotted to manufacture different situations to sue the government and stir up political unrest to get money from the city. The 25 other alleged participants are only identified as John and Jane Does, but the city said it reserved the right to name them as litigation continues or as more information comes to light. The complaint also alleges Smith conspired with fellow former council member Rita Nguyen to disrupt the April 14 council meeting. With or without co-conspirators, Nguyen did protest the meeting and was arrested and charged for the disruption. Watch the protest and arrest in the video player above. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Ohio city faces new lawsuit over efforts to abolish its charter
Ohio city faces new lawsuit over efforts to abolish its charter

Yahoo

time16-02-2025

  • Politics
  • Yahoo

Ohio city faces new lawsuit over efforts to abolish its charter

NELSONVILLE, Ohio (WCMH) — Six months after Nelsonville residents voted unprecedentedly to abolish their city charter, the issue will be back on the ballot — for now. Nelsonville City Council placed a new ordinance on the ballot for the May 6 special election that would repeal Issue 23 and redefine the transition from its current government to a mayoral system. Issue 23 marked a first in Ohio when Nelsonville voted to abolish its city charter, and passed in November with 70% of the vote. See previous coverage of the vote and accompanying ballot error in the video player above. City Council said Issue 23 did not include provisions for a transition to the new form of government. In the proposed new charter ordinance, the new government's responsibilities and expectations are clearly defined. The new ordinance would also establish four wards, each with one elected council member. Where Columbus, central Ohio cities stand on their DEI initiatives The proposal would have all current city council seats expire in November, and if the proposal passes in May, the current council would appoint an interim mayor at a salary of $59,000. If passed, it also would repeal and replace Issue 23. Greg Smith, a former council member who has sued the city multiple times, including a lawsuit that forced Nelsonville to place Issue 23 on the ballot in November, filed a new lawsuit against City Council on Feb. 7. The lawsuit was withdrawn after Smith began speaking with voters who said they'd vote against it, but it alleged several violations in council repealing the voter-approved Issue 23. 'Every time I knocked on a door, it was clear to me it would be defeated anyway,' Smith said. 'So thin it would fail anyway without having to spend any money.' Although it has been withdrawn, the city awaits a different decision on Issue 23 from the Ohio Supreme Court. Ohio law has yet to clearly define how a city is able to abolish its own charter, and the city has said it believes Issue 23 was incorrectly executed. The case does not have an oral argument date set on the Supreme Court's calendar. Ohio higher education bill fast tracked at Statehouse Even if the replacement ordinance is deemed lawful to vote on in the May election, there are added concerns about the wards it seeks to establish. The Ohio League of Women's voters said the way the wards are currently drawn could open the city up to future lawsuits, as they are not equalized in population. 'There's nothing in the charter that says council can provide or establish wards … that's certainly a concern,' Robe said at a Jan. 28 special meeting. Under Ohio law, wards are supposed to be established 150 days prior to an election, which would have been Dec. 7. Robe said that did not provide reasonable time after the election results were certified, but it is unclear how that discrepancy will affect the ordinance's legitimacy. The meeting after the ordinance was approved by City Council, two council members resigned. David Klos, Smith's attorney, said he and Smith felt it went against the 70% of residents in favor of Issue 23. Smith said there were plans in place for a transition, so the ordinance was unnecessary. 'To have members of council take it upon themselves — without public comment — and then immediately resign, I think that gives one pause on if this is really in the interest of the people,' Klos said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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