Wednesday, August 23, 2006
By PETER H. MILLIKEN
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Mahoning County Prosecutor Paul J. Gains opposes payment of lawyer fees at the taxpayers' expense for three county officials who object to the county's purchase of Oakhill Renaissance Place.
Gains filed a response Tuesday to a motion filed last week by county Commissioner John McNally IV, Treasurer John Reardon and Auditor Michael Sciortino, which asked the common pleas judges to allow them to retain a law firm for their arguments against the purchase in U.S. Bankruptcy Court.
In their motion, filed with Judge Maureen A. Sweeney, McNally, Reardon and Sciortino argued they should be allowed to retain the law firm of Taft, Stettinius and Hollister as special counsel because Gains should not represent county officials on both sides of the Oakhill issue.
County commissioners voted 2-1 to acquire Oakhill, with Commissioners Anthony Traficanti and David Ludt in favor and McNally dissenting.
On July 26, U.S. Bankruptcy Judge Kay Woods approved the county's purchase of Oakhill for $75,000. Oakhill's previous owner, the Southside Community Development Corp., filed for Chapter 7 liquidation bankruptcy May 3.
Located at 345 Oak Hill Ave., the Oakhill complex is the former Forum Health Southside Medical Center.
Judge's ruling
Judge Woods ruled that the three dissenting officeholders lacked standing to object to the sale.
Gains argued that the county common pleas court lacks jurisdiction to approve counsel for them at taxpayer expense because the Supremacy Clause of the U.S. Constitution says federal courts are superior to all others.
"Once a federal court assumes jurisdiction over a matter and reaches a decision, the Supremacy Clause acts to usurp any interference by a state court," Gains wrote.
In his brief, Gains also argued that the prosecutor is required by state law to determine when and if county officials are entitled to outside counsel at the taxpayers' expense.
Gains also wrote his office has a duty under state law "to object to the hiring of outside counsel where the public officials are not proper parties based upon lack of standing."
Gains also wrote that, since McNally, Reardon and Sciortino represented themselves in bankruptcy court, they are not entitled to attorney fees.