Gains to file motion in battle over Oakhill buy

Tuesday, August 22, 2006 The county officials argue that Gains can't represent them and the commissioners. By NANCY TULLIS VINDICATOR STAFF WRITER YOUNGSTOWN — Mahoning County Prosecutor Paul Gains is expected to file a motion today in common pleas court in the ongoing battle over the county's acquisition of Oakhill Renaissance Place. Last week, Commissioner John McNally IV, Treasurer John Reardon and Auditor Michael Sciortino filed a motion requesting common pleas court judges to allow them to retain the law firm of Taft, Stettinius & Hollister as special legal counsel in the case of Southside Community Development Corp. in U.S. Bankruptcy Court, Northern District of Ohio. The motion filed on behalf of McNally, Reardon and Sciortino said "in normal situations" Gains serves as legal counsel for the commissioners, the treasurer and the auditor, and that Ohio law states that McNally, Reardon and Sciortino "by themselves are powerless to hire any legal counsel with taxpayer money" unless exceptions found in Ohio law or case law apply. The motion notes that the opposing officials should be allowed to retain special counsel because "current facts indicate we are no longer operating in a 'normal situation,'" so Gains should not represent county officials on both sides of the issue. The motion states the three officials are seeking the services of a special counsel because "a conflict exists which prevents the Mahoning County prosecutor from representing [them] in pending litigation." Gains declined to comment until after he files his response. What the motion says According to the motion, "the pending litigation and the purchase of the Oakhill Renaissance Place property is a controversial issue in Mahoning County. "It cannot be clearer that Sciortino, Reardon and McNally have different interpretations as to the legality of this purchase than a majority of the [Board of Mahoning County Commissioners]. It is clear that these differing interpretations of the law preclude Gains from representing all of these different parties, no matter the level of conflict, inconsistency or diversity of opinion." The motion states that Reardon, Sciortino and McNally filed an objection in bankruptcy court July 26 before the bankruptcy hearing on the sale, and also appeared "in their respective capacities as elected officials, residents and taxpayers of Mahoning County" to voice objections to the county's proposed purchase of Oakhill Renaissance Place. The motion also noted Gains filed a motion July 26 on behalf of the board of commissioners and the county coroner to strike the filing by Reardon, Sciortino and McNally, and that Gains argued before the bankruptcy court that Reardon, Sciortino and McNally had no standing to appear before the court. The bankruptcy court judge granted the motion of the commissioners and coroner to strike the objection and approved the sell of Oakhill, the former Forum Health Southside Medical Center, to the county.