HEY MASSILLON GOV'T: "DON'T COUNT YOUR CHICKENS UNTIL THE EGGS ARE HATCHED!"

UPDATE:  2:16 (7/12/2018)
COA DENIAL OF MASSILLON MOTION TO INTERVENE

The SCPR has learned that legal counsel for Affinity did not make an appearance at the May 31, 2018 oral arguments session before the 5th Appellate District of Ohio.

However, Andrea Scassa, law director for the city of Massillon, did pursuant to a Motion to Intervene.

The COA on July 10th (not posted on CJIS) yet did file an entry denying Massillon intervention.  



Here is a copy of the COA order denying Massillon entry into the case on its Motion to Intevene:

That there is no mention of Massillon government in the court opinion issued on July 9th indicates to the SCPR  that while the court panel made up of Judges John Wise (presiding judge), W. Scott Gwin and Craig Baldwin reportedly allowed Scassa to present on the 31st; the court, apparently, did not entertain Massillon's motion.

The SCPR has publish a pdf copy of:

• Massillon's motion to intervene,
• a brief by Massillon Rotary Foundation Trust "in opposition" to Massillon's motion, 
• AMC's legal counsel waiver of oral argument, and 
• the COA denial of Massillons motion (in process of obtaining)

in the APPENDIX to this blog

ORIGINAL BLOG

From a May 6, 2018 blog by The Stark County Political Report:

MASSILLON TO NAB RIGHTS TO $800,000 TRUST IF AFFINITY DEAL OK'D.

After reading the article interprets the confusing a perhaps contradictory text to the above-cited headline, it appears to the SCPR that Massillon's legal counsel David Dingwell "implied" that if council approves the settlement he will be filing pleadings with the 5th District Court of Appeals (COA) to supplant AMC as appellant in an attempt to get the COA to overturn Stark County Court of Common Pleas Court judge Dixie Park's June 20, 2017 ruling that AMC would not be entitled to the $800,000 from the trust, to wit:

Well, in the case of  a la "the best laid plans of mice and men" going awry, here is the full decision of the 5th District Court of Appeals (headquartered in Canton) upholding Judge Park (Congratulations! Judge Park, for getting this one right) denying Affinity Medical Center (Massillon government now standing in the shoes of Affinity) participation in distributions from the Seymour trust.



APPENDIX

MASSILLON'S MOTION TO INTERVENE




MASSILLON ROTARY FOUNDATION BRIEF IN OPPOSITION




AMC'S LEGAL COUNSEL WAIVER OF ORAL ARGUMENT




COA ORDER DENYING MASSILLON'S MOTION TO INTERVENE