Last Friday, if one were in the presence of Stark County Democratic Party sheriff appointee, George T. Maier one might have heard "one BIG gulp" as Judge Linton D. Lewis, Jr of DeRolfe school case fame, ruled that Maier's motion to dismiss former Stark County Sheriff Tim Swanson's lawsuit for damages is overruled, to wit:
On February 18, 2014, Swanson filed a lawsuit against Maier, the purpose of which was articulated by Swanson attorney Craig T. Conley (in a press release) thusly:
Today, Timothy A. Swanson timely filed an O.R.C. 2733.18 action against George T. Maier demanding recovery from Mr. Maier personally of the salary and fringe benefits to which Mr. Swanson, as the rightful Acting Sheriff, was entitled during the time period of Mr. Maier's usurpation and unlawful holding of the public office of Stark County Sheriff.
In bringing this statutory action against Mr. Maier, Mr. Swanson is seeking justice, not any personal enrichment, noting that this litigation will not cost the taxpayers of Stark County anything.
Therefore, assuming he prevails, Mr. Swanson will pay out of his recovery against Mr. Maier any applicable taxes and attorney's fees (in this action and in his successful quo warranto action against Usurper Maier) and will donate the entire net balance to "Wishes Can Happen" for the benefit of seriously ill children.Consequently, the question that surfaces is George T. Maier about to have "to pay the Pied Piper?"
"Paying the Pied Piper" is an idiomatic expression which is defined by the Free Online Dictionary as follows:
pay the piper-
to accept the unpleasant results of something you have done to pay the priceWell what did George T. Maier think that might mean he has "to pay the Pied Piper," in this case former sheriff Timothy Swanson?
According to the Ohio Supreme Court, he usurped the office of Stark County sheriff in assuming office on his appointment to the office by the Stark County Democratic Party Central Committee (SCDP-CC) on Februry 5, 2013 by virtue of the finding by Ohio's "court of last resort" that he was not qualified under Ohio Revised Code (ORC) Section 311.01 as of the 5th to be county sheriff.
As the SCPR sees it, once Maier's attorney files his answer (which likely will be pretty much everything he filed in the "motion to dismiss"), the case is likely to be ruled on rather quickly.
Although Judge Lewis has set the trial date for the case for January 15, 2015, The Report is told by Conley that the case is likely to be decided by the filing of summary judgement motions filed by the respective parties long before that date.
If he is made to pay, what is George T. Maier likely to have to pay?
From Conley's complaint:
9. During his unlawful tenure as and usurpation of the public office of Stark County Sheriff, Maier was, as set forth in the attached Exhibit A, paid a total of $88,511.75 in wages and fringe benefits for the time period February 5, 2013 through November 6, 2013, during which same time period said public office was unlawfully withheld from Swanson, the rightful claimant thereto.If George T. Maier has to pay Timothy Swanson a dime, it will be more than a touch ironic.
Days before the filing of the Swanson "personal liability lawsuit" against George T. Maier (Feburary 11th), the SCPR wrote, in part:
The SCPR thinks it should get the alarm bells ringing in George T. Maier's head that Judge Lewis said in his dismissal of the Maier motion:
- the Defendant makes references to numerous matters that are
- either outside the four corners of Plaintiff's (Swanson) complaint)
- and/or not of record in the case at bar
You've got it!
George T. Maier may soon have to be paying the Piper to the tune of mega bucks, no?
Recall folks, George T. Maier is the man who told a local reporter that when he applied to become Stark County sheriff, he guaranteed that he would be qualified.
To this very date, the SCPR thinks, there has never been a definitive ruling that George T. Maier is fully qualified under the provisions of ORC 311.01 that he is qualified to be sheriff.
Even if elected in November, he may be subject to further litigation under the provisions of the above-cited statutory law.
But for now, it appears that - to repeat - he might well be preparing "to pay the Piper!"