Judge rules in favor of officials

Suit against county commissioners challenged 0.25 percent sales tax hike

A visiting judge has ruled in favor of the Lorain County commissioners in a suit challenging a 0.25 percent sales tax increase.

The suit, which was filed April 5, 2017, in Lorain County Common Pleas by Avon Lake attorney Gerald W. Phillips, alleged the commissioners erred in three ways when they approved the increase Dec. 14, 2016.

The suit said the commissioners did not follow Robert’s Rules of Order which they’d agreed to abide by, that the commissioners did not follow the law about public hearings before a sales tax is enacted and that they were in violation

of Sunshine Laws governing the meetings of public bodies.

The tax was approved after two votes were taken on the issue.

In the Dec. 14, 2016, vote, Commissioner Lori Kokoski voted in favor after voting against it. Commissioned Ted Kalo voted for it.

Commissioner Matt Lundy was the only dissenting voice in the final vote.

Visiting Judge Steven Yarbrough ruled in favor of the county’s motion for partial summary judgement on the case Feb. 15.

According to Lorain County Assistant Prosecutor Gerald Innes, the ruling has ended the suit as the judge found the commissioners had not violated

Robert’s Rules of Order and had given proper notice for the vote on the tax increase.

Innes said Phillips already had dropped the Sunshine Law aspect of the case.

“I think it’s over,” he said. “The tax is going to stay.”

Innes said the county was careful when enacting the tax and examined the law to ensure the proper procedures were followed.

“I don’t think there was anything wrong done,” he said. “Commissioner Kokoski made a decision and it’s just like she said. She went home, she couldn’t sleep and her conscious bothered her.

“She came back and said ‘I didn’t do the right thing, and I need to do the right thing.’ You’re allowed to do that.”

Phillips did not return repeated phone calls for comment.