E-FILED

COMMON PLEAS COURT

ERIE COUNTY, OHIO

2019 Jun-17 PM 2:49

IN THE COURT OF COMMON PLEAS LUVADA S WILSON
ERIE COUNTY, OHIO CLERK OF COURTS

2019 CV 0275
Stacy Chubak Hinners, el al.,
Tygh M Tone
Plaintiffs, CASE NO. 2019 CV 0275

vs. JUDGE: Tygh M. Tone

City of Huron, el aI.,

Defendants.

DEFENDANTS' ANSWER

Now corne Defendants City of Huron, Mayor Brad Hartung, Vice Mayor Richard "Trey"

Hardy, Council Member Sam Artino, Counsel Member Joe Dike, Council Member Glen Ginesi,

Council Member Rick Schaffter, and Council Member Christine Crawford, by and through

counsel, and for their Answer to Plaintilrs Complaint herein state as follows:

Preliminarily, Defendants deny all topic headings ofthe Complaint.

FIRST DEFENSE:

1. The allegations contained in paragraph I of Plaintiffs' Complaint state legal conclusions

to which no response is required. To the extent a response is required, Defendants deny

the allegations contained in paragraph I of Plaintiffs' Complaint.

2. The allegations contained in paragraph 2 of Plaintiffs' Complaint state legal conclusions

to which no response is required. To the extent a response is required, Defendants deny

the allegations contained in paragraph 2 of Plaintiffs' Complaint.

.>. The allegations contained in paragraph 3 of Plaintiffs' Complaint state legal conclusions

to which no response is required. To the extent a response is required, Defendants deny

 the allegations contained in paragraph 3 of Plaintiffs' Complaint, but do not contest the

subject matter jurisdiction of the Common Pleas Court.

4. The allegations contained in paragraph 2 of Plaintiffs , Complaint state legal conclusions

to which no response is required. To the extent a response is required, Defendants deny

the allegations contained in paragraph 2 of Plaintiffs' Complaint, but do not contest the

venue of the Common Pleas Court.

5. Defendants deny the allegations contained in paragraph 5 of Plaintiffs' Complaint for

want of knowledge.

6. Defendants deny the allegations contained in paragraph 6 of Plaintiffs' Complaint for

want of knowledge.

7. For the allegations contained in paragraph 7 of Plaintiffs' Complaint, Defendants admit

only that the City of Huron is a Municipal Corporation with a seven-member City

Council, and that City Council is currently comprised of Mayor Brad Hartung, Vice

Mayor Trey Hardy, Council Member Sam Artino, Council Member Joe Dike, Council

Member Glen Ginesi, Council Member Rick Schaffter, and Council Member Christine

Crawford. Further answering, Defendants deny the remaining allegations contained in

paragraph 7 of Plaintiffs' Complaint.

8. Defendants admit the allegations contained in paragraph 8 of Plaintiffs' Complaint.

9. For the allegations contained in paragraph 9 of Plaintiffs' Complaint, Defendants aver

that Exhibit I to Plaintiffs' Complaint speaks for itself.

10. For the allegations contained in paragraph 10 of Plaintiffs' Complaint, Defendants aver

that Exhibit 2 to Plaintiffs' Complaint speaks for itself.

2
II. For the allegations contained in paragraph II of Plaintiffs' Complaint, Defendants aver

that Exhibit 2 to Plaintiffs' Complaint speaks for itself d.

12. For the allegations contained in paragraph 12 of Plaintiffs' Complaint, Defendants aver

that Exhibit 3 to Plaintiffs' Complaint speaks for itself.

13. Defendants admit the allegations contained in paragraph 13 of Plaintiffs' Complaint.

14. Defendants deny the allegations contained in paragraph 14 of Plaintiffs' Complaint.

15. Defendants deny the allegations contained in paragraph 15 of Plaintiffs' Complaint.

16. Defendants deny the allegations contained in paragraph 16 of Plaintiffs' Complaint.

17. Defendants deny the allegations contained in paragraph 17 of Plaintiffs' Complaint.

18. For the allegations contained in paragraph 18 of Plaintiffs Complaint, Defendants aver

that Exhibit 3 speaks for itself. Further answering, Defendants deny the allegations

contained in paragraph 18 of Plaintiffs' Complaint

19. For the allegations contained in paragraph 19 of Plaintiffs' Complaint, Defendants aver

that Exhibit 4 to Plaintiffs' Complaint speaks for itself. Further answering, Defendants

deny the remaining allegations contained in paragraph 19 of Plaintiffs' Complaint.

20. For the allegations contained in paragraph 20 of Plaintiffs' Complaint, Defendants aver

that Exhibit 5 to Plaintiffs' Complaint speaks for itself. Further answering, Defendants

deny the remaining allegations contained in paragraph 20 of Plaintiffs' Complaint.

21. Defendants deny the allegations contained in paragraph 21 of Plaintiffs' Complaint.

22. For the allegations contained in paragraph 22 of Plaintiffs' Complaint, Defendants aver

that Exhibit 6 to Plaintiffs' Complaint speaks for itself.

23. Defendants admit the allegations contained in paragraph 23 of Plaintiffs' Complaint.

24. Defendants deny the allegations contained in paragraph 24 of Plaintiffs' Complaint.

25. Defendants deny the allegations contained in paragraph 25 of Plaintiffs' Complaint.

26. For the allegations contained in paragraph 26 of Plaintiffs' Complaint, Defendants aver

that Exhibit 7 to Plaintiffs' Complaint speaks for itself. Further answering, Defendants

deny the allegations contained in paragraph 26 of Plaintiffs' Complaint.

27. For the allegations contained in paragraph 27 of Plaintiffs' Complaint, Defendants aver

that Exhibit 7 to Plaintiffs' Complaint speaks for itself. Further answering, Defendants

deny the allegations contained in paragraph 27 of Plaintiffs' Complaint.

28. Defendants deny the allegations contained in paragraph 28 of Plaintiffs' Complaint.

29. For the allegations contained in paragraph 29 of Plaintiffs' Complaint, Defendants aver

that Exhibit 4 to Plaintiffs' Complaint speaks for itself. Further answering, Defendants

deny the allegations contained in paragraph 29 of PlaintitIs' Complaint.

30. For the allegations contained in paragraph 30 of Plaintiffs' Complaint, Defendants aver

that Exhibit 8 to Plaintiffs' Complaint speaks for itself. Further answering, Defendants

deny the allegations contained in paragraph 30 of Plaintiffs' Complaint.

31. Defendants deny the allegations contained in paragraph 31 of Plaintiffs' Complaint.

32. Defendants restate their answers to paragraphs I through 31 of Plaintiffs' Complaint.

33. For the allegations contained in paragraph 33 of Plaintiffs' Complaint, Defendants aver

that Exhibit 9 speaks for itself and therefore no response is required. Defendants deny

the remaining allegations.

34. For the allegations contained in paragraph 34 of Plaintiffs' Complaint, Defendants aver

that Exhibit 10 speaks for itself. Further answering, Defendants deny the allegations

contained in paragraph 34 of Plaintiffs' Complaint.

4
 35. The allegations contained in paragraph 35 of Plaintiffs' Complaint contain legal

conclusions to which no response is required. To the extent a response is required,

Defendants deny the allegations contained in paragraph 35 of Plaintiffs' Complaint.

36. Defendants restate their answers to paragraphs I through 35 of Plaintiffs' Complaint.

37. Defendants deny the allegations contained in paragraph 37 of Plaintiffs' Complaint.

38. Defendants deny the allegations contained in paragraph 38 of Plaintiffs' Complaint.

39. Defendants expressly deny each and every allegation not expressly admitted herein as

true.

SECOND DEFENSE

40. Plaintiffs' Complaint fails to state a claim upon which relief can be granted.

THIRD DEFENSE

41. Plaintiff.,' Complaint fails because it is moot.

FOURTH DEFENSE

42. Plaintiffs are barred from relief because Defendants acted lawfully at all times.

FIFTH DEFENSE

43. Plaintiffs are not entitled to the relief requested.

SIXTH DEFENSE

44. Defendants did not violate Ohio's Open Meetings Act.

SEVENTH DEFENSE

45. The City of Huron is not sui juris and therefore is not subject to suit.

EIGHTH DEFENSE

46. Plaintiffs are proceeding pro se and are therefore not entitled to attorney's fees.

NINTH DEFENSE

47. Plaintiffs are not entitled to attorney fees pursuant to R.C. 121.22(1)(2).

5
TENTH DEFENSE

48. Plaintiffs claims are barred because any Open Meeting Act violations, which are

expressly denied, were cured.

ELEVENTH DEFENSE

49. Plaintiffs lack standing to pursue some of their claims or claimed relief.

TWELFTH DEFENSE

50. Defendants reserve the right to assert any other defenses that become known or available

throughout this litigation, including at trial.

Wherefore, having Answered and denied Plaintiffs' claims, Defendants hereby respectfully

request that this case be dismissed and that they recover their costs and attorney fees for defending

against this action.

Respectfully submitted,

lsi David A. Riepenhoff

David A. RiepenhotI (0075089)
Stephanie L. Schoolcraft (0090682)
FISHEL DOWNEY ALBRECHT & RIEPENHOFF LLP
775 Walton Parkway, Suite 200
New Albany, Ohio 43054
Telephone: (614) 221-1216
Facsimile: (614) 221-8769

Email: ~:~~~~~~:~:~
Counsel for Defendants

6
 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing Answer was tiled

electronically on June 17,2019. Notice of this tiling will be sent by electronic mail and USPS

regular mail to the following:

Stacy Chubak Hinners

1130 Mudbrook Road
Huron, OH 44839
stacyhinners@yahoo.com

Jason Hinners
1130 Mudbrook Road
Huron, OH 44839
Jhinners 1977@gmail.com

lsi David A. Riepenhoff

David A. Riepenhoff (0075089)
FISHEL DOWNEY ALBRECHT & RIEPENHOFF LLP
Co-Counselfor Defendants

Q:\1wdataiPERSOiPERSO Lifigation'Hinners v. City ofHuron (OMAj'Pleadings (fVord)\20J9.06.17- Defs. Answer to Pi. Campi..doer