The Ohio Supreme Court has declined jurisdiction in the Cincinnati parking lease case. City Solicitor John Curp confirmed that in an e-mail Wednesday morning.
The case involved whether city voters had a right to place the issue on the ballot. A Hamilton County Common Pleas judge said it could go on the ballot, but an Ohio appeals courts overturned that decision. The appeals court said the city could pass the parking lease as emergency ordinance and avoid referendum.
The residents who opposed Cincinnati's controversial parking lease are asking the Ohio Supreme Court to hear the case.
Attorneys filed a notice of appeal Monday and a motion asking for an expedited schedule for the matter.
In June, the Ohio First District Court of Appeals ruled in favor of Cincinnati on the proposed parking lease to the Port Authority. In a two-to-one opinion the panel said the lease agreement Council passed in March is not subject to a voter referendum, because it was passed as an emergency ordinance.
Update 6/17/13 9:50 PM: Hamilton County Judge Robert Winkler signed an order Monday dissolving permanent injunction in the Cincinnati parking lease case. Judge Winkler also entered a judgment in favor of the city and against the plaintiffs. Costs to be paid by plaintiffs. With permanent injunction dissolved, city officials should have "green light" to sign the parking lease agreement with the Port Authority.
Cincinnati lawyers are making two major arguments as the city appeal’s a judge’s decision that let opponents of the parking lease place the issue on the November ballot.
In a brief filed Friday with the Ohio First District Court of Appeals city lawyers argued the trial court erred by declaring that all city ordinances are subject to referendum and that the plaintiffs have standing to bring their claims.