Thursday, July 15, 2010
ZEIGLER GETS REAL PROPERTY BACK BY ORDER OF COURT. NEW HEARING SET FOR JULY 20TH. VISITING JUDGE WILL HEAR CASE. WHO WILL REPRESENT STARK COUNTY?
It appears to the SCPR that Attorney Craig T. Conley is prepared to step aside from the suit he filed on July 2nd against Stark County Treasurer Gary D. Zeigler to recover monies from Zeigler in his individual capacity to make up for an missing Stark County treasury monies which remain after bonds, insurances and other resources have been applied.
However, he says he will only do so if he is assured that Prosecutor John Ferrero will pick up with a lawsuit immediately after his client Tom Marcelli drops the July 2nd filing and on condition that a preliminary injunction is issued as agreed to by the parties whereby Zeigler assets are at the ready in the event that a county filed lawsuit results in a judgment in favor of county taxpayers.
Stark County Common Pleas Judge John Haas issued a judgment entry on July 14th (see the entire entry below) setting a new date for parties to meet and iron out the final details for a more extensive order.
Conley tells the SCPR that whether or not he or Prosecutor Ferrero seeks recovery from Zeigler for Stark taxpayers will be determined within the 90 day stay period cited by Judge Haas in his order..
In the meantime, by the terms of the July 14th order Zeigler is not allowed to transfer an assets without prior court approval. Moreover, recently transferred real properties are to be returned to Zeigler's sole name.
Conley says that Prosecutor Ferrero has been cooperative with him and that he is encouraged and confident that if Ferrero ends up taking over the suit that Stark Countians will be made whole.
Judge Haas has also determined that the case will be heard by an out-of-county jurist.
Whichever way the lead of the litigation goes, Stark Countians owe Attorney Conley a debt of gratitude for moving up the timetable on the litigation so as to preserve assets should the "for the Stark County taxpayer" suit succeed on its merits.
Here is a copy of the entire judgment entry:
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