June 18, 2010

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Cincinnati NAACP

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The First Appellate Court ruled in favor of Smitherman vs. the City of Cincinnati on every litigated point.  The central issue was City Council over reached its authority in an attempt to control Cincinnati Metropolitan Housing Authority(CMHA) Board.  This power grab was led by Council Member Berding.  This case was won at the Common Pleas Court before Judge Martin and the city appealed the case to the First Appellate Court.  The First Appellate Court agreed with Judge Martin and ruled that the City of Cincinnati had extended its power by attempting to control the appointments to the CMHA Board.  Attorney Chris Finney represented all citizens of Cincinnati in sending a message that City Council is not above the law.  Attorney Finney is a brilliant lawyer and has prevailed on appeal.  The city has the option to appeal this case to the Ohio Supreme Court. "This is a huge loss for the City of Cincinnati and it is my hope that it teaches the City Council to obey the law," Christopher Smitehrman, President of the Cincinnati NAACP says.  A part of the City of Cincinnati's central argument to the First Appellate Court was Judge Martin did not have jurisdiction to place an injunction to stop City Council from making appointments to the CMHA Board.  The First Appellate Court obviously did not agree with the city's legal argument. 

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Click the following link for the decision issued by the 1st Appellate Court in regards to Smitherman vs. the City of Cincinnati in reference to CMHA:

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