LFC Comments: We are pleased to document the deception being played on the average citizens by the Geauga County Republican Party. Brian Ames, pro se litigant extraordinaire, has filed a lawsuit for violation of the Open Meetings Act.
We wanted to document for our readers what is required to bring action against our local officials that disregard the rights of the citizens. You will see that the “deck is stacked” against the average citizen. To date Mr. Ames has spent $234.22 to file this action in addition to the untold hours it takes to file the legal paperwork.
Here is a video taken by Brian Ames that documents Nancy McArthur arguing with citizens that they are not permitted in the Republican Party meeting.
What is a mandamus action: “It is a judicial writ issued as a command to a lower court or ordering a person to perform a public or statutory duty.”
(1) Mr. Ames filed the following action in the Geauga County Court of Common Pleas:
(2) Usually, the first action taken by the person being sued is to have their lawyers file a motion to dismiss for any number of reasons.
(3) The case from some reason is reassigned to a different judge:
(4) Brian Ames files a motion in opposition to the request to dismiss the case:
(5) Nancy McArthur’s lawyer tries again to get the case dismissed. Here is a recap of the case to date:
(6) Here is Brian Ames’ response to Nancy McArthur’s lawyer:
Attorney Schuster,
I could not have imagined a document so poorly drafted as Respondents’
Motion to Dismiss absent the seeing of it. It is barely intelligible.
Nevertheless, please find attached my Opposition etc.
Best regards,
Brian M. Ames
Schuster never got her motion to dismiss filed in that case:
{¶19}Implicit in Civ.R. 12(B), which permits a motion to dismiss to be filed in lieu of an answer, is the requirement that the motion is actually filed with the clerk of court consistent with Civ.R. 5(D) and (E) (generally requiring “any paper” that must be served “shall be filed” with the clerk of court). {¶20}Thus, under the unique facts present, the court’s decision to dismiss Ames’ complaint under Civ.R. 12(B)(6) was erroneous because the motion was not yet filed. {¶21}Thus, dismissal was improper, and Ames’ first argument under his first assigned error has merit.
We will continue to update this article as the case progresses.
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Mr. Ames and Ms. Schuster have done battle in the courts before. Here is a link to ruling won by Mr. Ames.
http://www.supremecourt.ohio.gov/rod/docs/pdf/11/2019/2019-Ohio-74.pdf
Updated 3/26/21
The Court granted Attorney Schuster’s motion to dismiss today. So an appeal was filed with the 11th District Court of Appeals. The cost is $150.
The Court of Appeals will require briefing and oral argument. They will
render an opinion rather than robo-signing a proposed entry.
Here is the document filed by Mr. Ames:
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Here is a prior article we wrote about the legendary Brian Ames…
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