The News Herald (Willoughby, OH)
Mayor’s lawsuit to be heard by visiting judge
A visiting judge will hear Willoughby Hills Mayor Robert Weger’s lawsuit that was filed against City Council members to resolve a dispute over the acting law director.
Lake County Common Pleas Judge Richard L. Collins Jr. originally was assigned at random to preside over that matter, as well as the counterclaim filed by City Council against the mayor.
However, retired Geauga County Common Pleas David L. Fuhry recently was asked to take over the case to avoid the appearance of
impropriety, since all four general division judges in Lake County know at least some of the parties involved.
Retired visiting judges sitting in common pleas courts are paid $64.35 an hour per assignment, up to a maximum of $514.81 a day.
Weger filed a lawsuit Oct. 27 against City Council members who overrode his veto regarding Acting Law Director Stephen Byron. Weger’s suit claims Byron’s $120,000 a year contract is costing the city nearly four times the previous law director’s salary.
Byron was temporarily appointed to the position after former longtime Law Director Thomas Lobe resigned.
Weger is seeking a judgment that Byron cannot be acting law director because the ordinance declaring an “emergency need” for his services was passed without being placed on the meeting agenda.
City Council members then countersued, alleging
Weger filed a lawsuit Oct. 27 against City Council members who overrode his veto regarding Acting Law Director Stephen Byron.
Weger’s letter to Byron to remove him from office was not legally effective. Council is also claiming that the mayor’s lawsuit is “frivolous.”
Council wants an injunction to order the mayor to refrain from interfering with Byron’s authority, while Weger claims attorney Michael Germano is the real acting law director.
Meanwhile, Lobe has a pending lawsuit asking that Willoughby Hills be required to provide all money for his legal defense should the city sue him for legal malpractice.
Lobe also wants the judge to issue an order declaring Germano is acting law director.