A DECISION ON SWANSON V. MAIER (PERSONAL LIABILITY) SOON?

As far as the SCPR knows, Stark County Democratic Party (SCDP) appointed sheriff George T. Maier is not Irish. (He's Romanian)

Accordingly, a "green" four-leaf clover would not be appropriate in wishing him Good Luck! in his effort to fend off the lawsuit filed by former Stark County sheriff Tim Swanson, which Swanson filed in February 14, 2014,  claiming that Maier had usurped the office of Stark County sheriff from February 5, 2013 through November 6, 2013 and that Swanson was entitled to the pay for that period of the time because he was "as a matter of law" (as set by the Ohio Supreme Court in in Swanson v. Maier, quo warranto) the legal sheriff of Stark County.

But blue is.

For what color could be more appropriate for one of "the men of blue?"

And as the SCPR sees it, Maier is going to need a bit more good luck.

He certainly has had more than his fair share of it so far.

The most surprising of which happened when Republican Ohio secretary of state Jon Husted sided with Stark County Democrats (Ferruccio and St. John) as he broke a tie between them and Republicans Board of Elections members Braden and Cline to place Maier on this November's ballot over the objection of the-then (February, 2014) SCDP precinct committeewoman Cynthia Balas Bratton.

The Ohio Supreme Court upheld Husted on his decision.

While Maier is undoubtedly trying to focus on getting ballot validation from Stark County voters come November's general election, he has to be distracted by the possibility that he will have to ante up tens of thousands of dollars as a consequence of losing the February filed personal liability suit, if, in fact, he loses it.

On Friday, Swanson's attorney (Craig T. Conley) filed what is known as a Motion for Summary Judgment following the failure of Maier (by his Columbus attorney Thomas Rosenberg) to get the Swanson personal liability filing dismissed "right-out-of-the-box."

What is a Motion for Summary Judgment?

A Motion for Summary Judgment is a document that asks the court to end part or all of the lawsuit without going to trial. This request asks the judge to decide whether the issues in the case are really in dispute under the framework of laws that we follow. If parts or all of the lawsuit do not have legal issues that can be argued, a trial isn’t necessary and the court can eliminate all or parts of the case.

Under what circumstances will a Summary Judgment be granted?
Summary Judgment is granted if the judge finds the following:

1. There is no genuine issue of material fact that would make a trial necessary.
2. The party making the Motion for Summary Judgment is entitled to judgment under the law.
3. The evidence demonstrates that reasonable minds can only conclude in favor of the party filing the Motion for Summary Judgment.

Conley has told the SCPR he expects a Judge Lewis D. Linton, Jr (of the DeRolfe line of school funding cases fame) to rule rather quickly inasmuch as Judge Linton is a visiting judge who does not have a full case docket as do sitting Court of Common Pleas judges.

While the Swanson personal liability case has nothing to do with Maier being on November's ballot, one does have to wonder whether or not a Maier loss on the personal liability claim might not "stoke the fires" anew of Maier's arrogance in proclaiming:

Kind of like former president George Bush proclaiming a "Mission Accomplished" assertion in the Iraq war, no?

As far as the SCPR is concerned, there has been a definitive ruling by the Ohio Supreme Court that Maier is qualified under "all" the provisions of Ohio Revised Code Section 311.01 to be Stark County sheriff.

Moreover, the SCPR keeps hearing that it is not out-of-the-question that Maier will have to face yet another quo warranto as his right to be in office as this blog is written.

Since February 5, 2013 (the date the the Stark Dems narrowly appointed him sheriff 92 to 84 over Louis Darrow to replace the unable to serve sheriff-elect [November, 2012] Mike McDonald),  George T. Maier has had both good luck and bad luck.

The SCPR thinks that he needs to conjure up some more good luck if he is to "finally" make his January 12, 2013 guarantee (in hindsight) stick.

One final question.

Is the SCPR truly wishing George T. Maier:  Good Luck?

Why would anybody question that?