Wednesday, September 11, 2013

You Can Fight City Hall I

If you can't afford a lawyer to bring legal action against the city, it's boards or officials you have a right under Ohio law to request, in writing, to be represented by the city Director of Law.
The Director of Law shall apply to the appropriate court for an order of injunction to restrain the misapplication of funds of the municipal corporation, the abuse of its corporate powers, or the execution or performance of any contract made in behalf of the municipal corporation in contravention of the laws or ordinance[s] governing it, or which was procured by fraud or corruption.
In case an officer or board of a municipal corporation fails to perform any duty expressly enjoined by law or ordinance, the village solicitor or city director of law shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of the duty.
When a city contract involves a performance bond the city director of law shall apply for the forfeiture or the specific performance thereof as the nature of the case requires.
The taxpayer shall have the right to assist in presenting all issues of law and fact to the court in order that a full and complete adjudication of the controversy may be had.
If the city director of law fails, upon the written request of any taxpayer, to make any application provided for in sections 733.56 to 733.58 of the Ohio Revised Code, the taxpayer may institute suit in his own name, on behalf of the municipal corporation.
If the court hearing a case is satisfied that the taxpayer had good cause to believe that his allegations were well founded and based on legal principals the taxpayer shall be allowed his costs, and, if judgment is finally ordered in his favor, he may be allowed, as part of the costs, a reasonable compensation for his attorney in case the director of law fails to make the application.
Paul Hunter paulhhunter45177@gmail.com

.



No comments:

Post a Comment