In Inside Courts, retired judge Tom Hodson explains the complexities of the law and legal cases, helping you understand what’s at stake — and how it affects you.
Several of you have asked what’s happening with some of the cases we have been following. So, it’s time to bring everyone up to speed.
Just know, litigation is often a slow process, especially civil litigation.
Most civil cases take a long time to resolve because of multiple parties, multiple claims, multiple motions, multiple forms of discovery, and ongoing settlement negotiations. The more parties involved in a case, the longer it takes.
The average federal civil case takes two years and seven months before trial. In state courts the average time before trial is two years, with the time extending even longer for complex cases.
Let’s look at some of the cases we have been following locally.
Nelsonville Charter vs. Statutory Form of Government
The Ohio Supreme Court denied a request by Nelsonville Sept. 17 to remove statutory candidates from the November ballot. However, the court refused to decide whether the referendum passed by the electorate prevailed or whether an ordinance passed by Nelsonville City Council in August repealed the outcome of the referendum.
In short, the court punted on the issue of whether Nelsonville should remain a charter city.
Nelsonville and the Athens County Board of Elections filed motions Sept. 19 asking the Supreme Court to reconsider its decision and decide the underlying issue of which form of government prevailed.
The Court unanimously denied the motion to reconsider Sept. 24, leaving the form of government still in question.
Five days after that, Andrea Thompson Hashman, who is running for the statutory position of auditor, filed a lawsuit in the Athens County Common Pleas Court against the City of Nelsonville and all council members. In that suit, filed Sept. 29, she asked the court to declare that the repeal ordinance (54-25) was illegally passed, violates the city charter and is unconstitutional.
At the same time, Hashman’s attorney asked the court to issue a preliminary injunction blocking the effectiveness of the repeal ordinance and upholding the referendum abolishing the city charter.
The motion requests a preliminary injunction “… holding that Issue #23 is a lawful initiative exercising the Constitutional right of the people of Nelsonville to abolish their City Charter and is not subject to repeal pursuant to Article X §10.06 of the Nelsonville City Charter enabling Ordinance 54–25 or any other act of repeal or invalidation pursuant to the Nelsonville City Charter until further order of the Court.”
An injunction is a court order that either orders a party to do a particular act or orders a party to cease performing a certain act. A preliminary injunction is one that can be ordered by a judge while the case is pending in court.
It can lead to a permanent injunction at the end of the case.
However, a judge, after a hearing, may decide NOT to order a preliminary injunction and instead, to let the case follow its normal course to conclusion.
All the defendants have been served by certified mail with a copy of the Hashman lawsuit, and they have 28 days from the date of service to file written answers to the lawsuit with the court.
However, Hashman’s attorney is trying to expedite the process and asked the court on Oct. 10 to set an immediate hearing on the preliminary injunction motion. He argues that the court needs to decide the validity of the repeal ordinance 54-25 before the Nov. 4 election.
It is expected that the City of Nelsonville will soon file an answer to Hashman’s lawsuit, outlining the city’s arguments as well as perhaps other court pleadings or motions asking that the lawsuit be dismissed.
Common Pleas Judge Patrick Lang has been assigned to hear the case.
I will keep you informed as to any future developments as this case unfolds.
Water damages at Quidel-Ortho building on East State Street
It appears that we will need to wait several more months before the results of the lawsuit involving the City of Athens Fire Department and the East State Development Company is resolved.
East State Development Co, LLC filed a lawsuit against five fire departments — including the City of Athens’ fire department — Sept. 20, 2024, claiming $700,000 damages to the building on East State Street that is currently occupied by Quidel-Ortho.
The damage allegedly occurred because of a firefighter training exercise that took place in September 2023, flooding the building and causing additional damages.
A telephone status conference was held Dec. 19, 2024, with all the attorneys involved.
In a court entry filed the next day, Common Pleas Judge George McCarthy set certain deadlines for the case to be resolved. Discovery was to end by July 10, 2025, with all depositions to be complete and motions filed by July 31.
Trial briefs, Pre-trial statements, proposed jury instructions and typed lists of exhibits to be used at trial were to be filed by Oct. 2 and the final pretrial conference was to be held on Oct. 30. The jury trial was to begin on Nov. 3, just over two years after the incident.
However, all of that has changed.
Another status conference was held on May 29 and all the parties agreed that they needed more time to complete their pre-trial discovery and prepare for trial.
On July 23, all the parties jointly filed a motion to the court to set new deadlines for completion of this complex litigation that has multiple parties and multiple claims.
As a result, Judge McCarthy filed a new “Scheduling Order Amending Case Deadlines” July 29.
Now, any mediation attempts must be concluded by Dec. 12. Discovery must be completed by Jan. 15, 2026, with all depositions being taken and motions filed by Feb. 5. Trial briefs, pre-trial statements, exhibit lists and proposed jury instructions are due by May 7 with the final pre-trial taking place on June 11.
Currently, the jury trial is scheduled to begin at 9 a.m. on July 14, 2026.
Although the trial date is almost three years after the claimed damage, this length of time to resolve complex litigation of this nature is not unusual.
City of Athens and the cyber heist
The Dec. 4, 2024, Athens’ lawsuit to recover at least a portion of the $722,000 that was stolen from the city because of a cyber heist is inching forward.
The case has become complex with the entry of Republic Bank and Trust Company as a party along with Regency Centers L.P.A.
Within the same period that Athens’ money was stolen, Regency Centers was likewise scammed. The money taken from each entity was deposited with the Republic Bank and Trust Co. in Louisville, Kentucky.
About $349,500 was left in that account and frozen by the bank. That money is now being held by the Republic Bank until further orders from the court.
Meanwhile, Athens and Regency Centers both claim they are entitled to the entirety of the remaining money. However, that amount would not nearly reimburse the City of Athens for its entire loss.
After numerous court filings by all parties, a telephonic status conference was held Sept. 25. All attorneys met with the judge.
All parties told the judge that more time was needed before proceeding with litigation deadlines and a trial date.
Instead, the parties agreed to, and the court ordered a second telephonic status conference for 1:30 p.m. Feb. 19, 2026. The parties will need to report to the court on the progress, if any, that is being made toward settlement.
If settlement is not in the cards, the court will likely set discovery deadlines and a trial date at that meeting.
We will keep you up-to-speed on any new developments in these and other interesting cases on the local docket, as well as regional, state, and national legal news.
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