Appeals Court orders city of Hillsboro to respond in case with Union Stock Yards

The Highland County Press

The city of Hillsboro has been ordered to file a memorandum within 10 days

of a Jan. 6, 2010 filing by the Ohio Court of Appeals Fourth Appellate

District in regard to its ongoing litigation with the Union Stock Yards.

Magistrate Aaron M. McHenry wrote in Case No. 09CA17, "On Oct. 9, 2009, we

remanded this case to trial court for 45 days for consideration of

appellee's (Union Stock Yards') motion for pre- and post-judgment interest.

We also ordered appellant (the city of Hillsboro) to notify us when the

trial court issues a ruling. To date, {the} appellant has not filed a

response. Upon consideration, appellant is ordered to file a memorandum

within 10 days of the filing of this entry addressing why this appeal should

not be dismissed because of appellant's failure to comply with an order of

this court.  

McHenry said the Union Stock Yards, owned by Bill and Janet Butler and

represented by Loveland attorney Tom Tepe, may file a response within 10

days after the city's filing.

McHenry further stated that if the city of Hillsboro, represented by

attorney Kathryn Hapner, does not file its memorandum by the date ordered,

the appeal will be dismissed.

Union Stock Yards owners Bill and Janet Butler sued the city in 2008,

following Hillsboro City Council’s passage of an emergency resolution on

Oct. 2, 2007, which authorized Mayor Dick Zink to purchase the stockyards

property for no more than $325,000.

Hapner has maintained the purchase agreement was not signed. Tepe contends

the city had a deal with the stockyards’ owners, and the city now wants to

renege on its end of the bargain.

In a June 13, 2009 decision, Judge John Martin ruled in favor of the

Butlers and ordered the city to pay $140,000 in damages to the Butlers. On June 19,

2009, Hillsboro City Council voted to have Hapner file an appeal of Martin’s

decision with the Fourth District Court of Appeals.

Tepe, meanwhile, filed a motion for pre- and post-judgment interest to be

paid to the Butlers by the city. Last month, Martin filed an entry granting

pre- and post-judgment interest in favor of the Butlers.

   Martin said "The court finds that interest for judgments as calculated

by the tax commissioner, pursuant to Revised Code 4503.47 (also see Ohio

Revised Code Section 319.19) for the year 2008 is 8 percent. The rate of

interest for the year 2009 is 5 percent. The court furthermore finds that

the monthly calculations and the rate of interest on judgments for the year

of 2008, the interest rate is .67 percent. For the year 2009, the interest rate is .42 percent.

The court having rendered a verdict in the sum of $140,000..., it is hereby

ordered that the amount of interest due from Feb. 7, 2008 through Nov. 23,

2009, is $15,680.21, a total judgment through Nov. 23, 2009, of $156,880.21.

Further interest {will} be determined at a later date.”

    In his memorandum, Martin said, “As indicated by the affidavit

submitted by plaintiff, the defendant made no effort toward settlement of

this matter. Such being the status of this lawsuit, the court finds it appropriate to grant plaintiff’s motion as to

both forms of interest."

We also ordered appellant (the city of Hillsboro) to notify us when the trial court issues a ruling. To date, {the} appellant has not filed a response. Upon consideration, appellant is ordered to file a memorandum within 10 days of the filing of this entry addressing why this appeal should not be dismissed because of appellant's failure to comply with an order of this court.  

McHenry said the Union Stock Yards, owned by Bill and Janet Butler and represented by Loveland attorney Tom Tepe, may file a response within 10 days after the city's filing.

McHenry further stated that if the city of Hillsboro, represented by attorney Kathryn Hapner, does not file its memorandum by the date ordered, the appeal will be dismissed.

Union Stock Yards owners Bill and Janet Butler sued the city in 2008, following Hillsboro City Council’s passage of an emergency resolution on Oct. 2, 2007, which authorized Mayor Dick Zink to purchase the stockyards property for no more than $325,000.

Hapner has maintained the purchase agreement was not signed. Tepe contends the city had a deal with the stockyards’ owners, and the city now wants to renege on its end of the bargain.

Hapner told The Highland County Press Monday she has complied with the court order and the delay was a misunderstanding.

In a June 13, 2009 decision, Judge John Martin ruled in favor of the Butlers and ordered the city to pay $140,000 in damages to the Butlers. On June 19, 2009, Hillsboro City Council voted to have Hapner file an appeal of Martin’s decision with the Fourth District Court of Appeals.

Tepe, meanwhile, filed a motion for pre- and post-judgment interest to be paid to the Butlers by the city. Last month, Martin filed an entry granting pre- and post-judgment interest in favor of the Butlers.
Martin said "The court finds that interest for judgments as calculated by the tax commissioner, pursuant to Revised Code 4503.47 (also see Ohio Revised Code Section 319.19) for the year 2008 is 8 percent. The rate of interest for the year 2009 is 5 percent. The court furthermore finds that the monthly calculations and the rate of interest on judgments for the year of 2008, the interest rate is .67 percent. For the year 2009, the interest rate is .42 percent.

The court having rendered a verdict in the sum of $140,000..., it is hereby ordered that the amount of interest due from Feb. 7, 2008 through Nov. 23, 2009, is $15,680.21, a total judgment through Nov. 23, 2009, of $156,880.21. Further interest {will} be determined at a later date.”

    In his memorandum, Martin said, “As indicated by the affidavit submitted by plaintiff, the defendant made no effort toward settlement of this matter. Such being the status of this lawsuit, the court finds it appropriate to grant plaintiff’s motion as to both forms of interest."