ATHENS, Ohio — Rita Nguyen and Sue Powell have taken their fight for Nelsonville City Council seats to Ohio’s Fourth District Court of Appeals.
The duo filed a petition for a writ of quo warranto against Gregg Clement, Tony Dunfee and Opha Lawson (as individuals) on Friday, April 26.
In Latin, quo warranto means “by what authority.” An individual who believes that their position in office has been unlawfully taken by another files a petition for a writ of quo warranto to regain the seat.
Meanwhile, Nelsonville City Attorney Jonathan Robe and plaintiffs’ attorney Josh Brown, of Hilliard, have engaged in a flurry of filings and counter-filings in the Athens County Court of Common Pleas, which issued a temporary restraining order against Clement, Dunfee and Lawson on April 22.
The court cases are the latest developments in the council’s ongoing turmoil. Nguyen resigned and rescinded from council in February, spurring a division within the body as to whether or not she retained her seat.
More questions arose after former councilman Dunfee joined the council via vote, at a meeting where Clement acted as president. Additionally, Nguyen later appointed Powell; Clement, again acting as president, later appointed Lawson.
Fourth District Court of Appeals
The quo warranto complaint alleges that Clement, Dunfee and Lawson knowingly “unlawfully usurped the office, and entered into the exercise of all the powers and duties of the office,” violating the Nelsonville City Charter, the state constitution, and Nguyen and Powell’s rights.
The complaint requests a writ in quo warranto to remove Lawson and Dunfee and replace them with Nguyen and for Powell, respectively, and to name Nguyen as council president instead of Clement.
On Monday, Robe filed a notice of appearance for the city as an intervening respondent in the case and presenting the city’s legal positions on the matter. “A formal motion to intervene will follow in due course,” he wrote.
Court of Common Pleas
The quo warranto complaint was Nguyen’s and Powell’s second legal action in a week: Less than a half-hour before council’s meeting on Monday, April 22, Athens County Court of Common Pleas Judge George McCarthy issued a temporary restraining order to prevent Clement, Dunfee and Lawson from acting as council president and members, respectively.
On April 24, Robe filed a notice of appearance for the city as an intervening defendant. Less than two hours later, plaintiffs’ attorney Josh Brown, of Hilliard, filed a motion to disqualify Robe from representing the city in the case on grounds that Robe is not the city attorney. On Monday, the city responded to that motion, stating that it should be denied because it is “unsupported by the facts and is contrary to law.”
Last Friday, Robe filed the city’s legal position on the restraining order. On Monday morning, the plaintiffs asked the court to strike that filing, maintaining that the city has not yet been approved as an intervener and that Robe himself is a “key witness.”
”The ‘legal position’ filed by Attorney Robe is nothing more than the opinion of a witness to this case who happens to be an attorney,” wrote Brown.
The plaintiffs asked the court prohibit the city from making further filings “until the Court approves that entity as an intervenor in this matter.”
On Tuesday, the appellate and Common Pleas cases became entwined: Robe filed a motion to stay the temporary restraining order because quo warranto case is “nearly identical in substance to the complaint filed in this present action.”
The next Nelsonville City Council meeting will be Monday, May 13 at 7 p.m. in council chambers, 211 Lake Hope Drive.
Disclosure: Robe completed and filed incorporation papers for Southeast Ohio Independent News, the nonprofit that publishes the Athens County Independent. He also has provided the Independent with legal advice.
