MVSD LAWSUIT Appeals judges grill assistant AG

The former MVSD board director says the attorney general's office doesn't know when to quit.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
WARREN -- Appellate court judges hearing a request by the Ohio Attorney General's Office to overturn a lawsuit against Frank D. DeJute repeatedly asked an assistant attorney general why they were even hearing the matter.
The three 11th District Court of Appeals judges hearing the case -- Judges William M. O'Neill, Judith A. Christley and Diane V. Grendell -- repeatedly interrupted Michael R. Gladman, an assistant attorney general, during his 15-minute oral argument to question the court's jurisdiction in the matter.
On the other hand, Judge O'Neill praised DeJute's ability to defend himself even though he is not an attorney.
"You're doing a good job as a pro-se litigant," he told DeJute, of Niles, a former board director of the Mahoning Valley Sanitary District.
It is not known when the court will render a decision.
Based on the decision of a federal judge to dismiss a similar lawsuit, visiting Judge Richard M. Markus granted summary judgment earlier this year to DeJute on a $1.96 million count in the $2.4 million lawsuit. The attorney general's office wants the appellate court to overturn that decision.
Filed appeal
The attorney general voluntarily dismissed the remaining counts in the case -- totaling more than $400,000 -- and filed an appeal on the $1.96 million summary judgment decision.
The attorney general filed separate $2.4 million cases in 1998 against DeJute; Edward A. Flask of Poland, another former MVSD board director; and the Gilbane Building Co. of Rhode Island, which served as construction manager on the water agency's $50 million capital improvement project.
The lawsuits contend the directors improperly paid Gilbane for construction work not performed at the sanitary district, which provides water to about 300,000 Mahoning and Trumbull county residents.
The three judges questioned why they heard the AG's appeal on DeJute's case when U.S. Court Judge George C. Smith, who handled the Gilbane case, ruled that payments to the company were not illegal. The attorney general has appealed that decision.
Gladman said the two cases involve different issues and different parties, and DeJute and Flask had no authority to award such a large contract to Gilbane without the approval of the MVSD court of jurisdiction. Besides, he said, Judge Smith made the wrong decision.
Judges' concerns
"What troubles me is the trial court feels there were identical lawsuits, one in federal court and one in state court," Judge O'Neill said. "Maybe I'm fuzzy this morning, but why wasn't this brought into the federal court?"
Judge Grendell questioned if the court of appeals had a right to decide on this issue before a federal court of appeals ruled on the Gilbane decision.
Nevertheless, Gladman said the oral hearing went well for the attorney general's office.
DeJute said the AG's office doesn't know when to quit.
"They continue to waste money kicking a dead horse," he said after the hearing. "The judges' questions kept coming back to what are you doing here and why are you keeping this going on and on? None of this merits a trial.
"They keep hoping to get a ruling to get to trial and they never get a ruling in their favor. It borders on harassment. The attorney general's office should be held accountable to how much money they are spending on this," DeJute added.
skolnick@vindy.com