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Cuyahoga County Court of Common Pleas Dismissed Complaint Filed by County of Cuyahoga
Contacts:
Jeane’ Holley: (216) 698-254, (216) 640-0821 or jholley@cuyahogacounty.us
Cleveland, Ohio – The Cuyahoga County Court of Common Pleas, on January 26, 2016, dismissed the complaint filed by the County of Cuyahoga pertaining to its 2005 purchase of the Ameritrust building and the 2007 purchase of the adjoining parking garage at the corner of East 9th Street and Prospect Avenue.
The Court found that the County’s claims pertaining to its purchase of both properties were time barred. The County filed its complaint on May 30, 2014 which is outside of what the Court found to be the statute of limitations for all claims filed.
In finding in favor of defendants the Court determined that the statute of limitations on the County’s claims began to run on or around July 29, 2008 when publicity surrounding a search warrant on former commissioner Jimmy Dimora’s office in the County’s former administration building became known. The Court also found that a contractual release in a Cease Work Contract by and between the County and one of the defendants also barred the County’s claims.
County Law Director Robert Triozzi stated that the County is reviewing the Court’s analysis and identifying matters that could be raised on appeal. The County has until February 25, 2016 to file an Appeal with the 8th District Court of Appeals.
Jeane’ Holley: (216) 698-254, (216) 640-0821 or jholley@cuyahogacounty.us
Cleveland, Ohio – The Cuyahoga County Court of Common Pleas, on January 26, 2016, dismissed the complaint filed by the County of Cuyahoga pertaining to its 2005 purchase of the Ameritrust building and the 2007 purchase of the adjoining parking garage at the corner of East 9th Street and Prospect Avenue.
The Court found that the County’s claims pertaining to its purchase of both properties were time barred. The County filed its complaint on May 30, 2014 which is outside of what the Court found to be the statute of limitations for all claims filed.
In finding in favor of defendants the Court determined that the statute of limitations on the County’s claims began to run on or around July 29, 2008 when publicity surrounding a search warrant on former commissioner Jimmy Dimora’s office in the County’s former administration building became known. The Court also found that a contractual release in a Cease Work Contract by and between the County and one of the defendants also barred the County’s claims.
County Law Director Robert Triozzi stated that the County is reviewing the Court’s analysis and identifying matters that could be raised on appeal. The County has until February 25, 2016 to file an Appeal with the 8th District Court of Appeals.
