On June 10, 2010 a
Motion,Ex Parte
was filed
involving a dispute between
Cyber Island,
Richard A. Bowling Llc,
and
Springfield Township Police Department,
Summit County,
Summit County Office Of Consumer Affairs,
for INJUNCTION
in the District Court of Summit County.
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ZOU FEB 22 PH2: 15 COMMON PLEAS COURT
SUMMiT COUNTY SUMMIT COUNTY, OHIO
CLERK OF COURTS
CYBER ISLAND, et al.
CASE NO: CV 2010-06-4165 ~
)
)
)
Plaintiffs )
) JUDGE PARKER
-Vvs- )
)
) MOTION FOR
COUNTY OF SUMMIT ) SUPERSEDEAS BOND
)
Defendants )
)
Pursuant to Civ.R. 62(B), the County of Summit (“County”) hereby moves this Court
to require that a supersedeas bond be posted by the Plaintiffs to secure their motion for a
stay of execution of this Court's judgment. The County negotiated in good faith with the
Plaintiffs to make certain changes to the Summit County Ordinances Chapter 755 related
to entertainment arcades. The County made concessions on a number of provisions. The
County enacted the agreed changes upon the assurance that the instant appeals would be
dismissed after passage of the legislation. The legislation was enacted by County Council,
but the Plaintiffs are now hedging on dismissing their appeals. The County requests that
the Court require a $650,000 cash bond to secure the appeal. This amount represents the
estimated past and future semi-annual fees for a two and one-half year period based on
the number of machines subject to regulation that the County has knowledge of. The fees
could be lost during the pendency of these appeals if the County is not permitted to collect
fees on operating businesses. It is conceivable that some or all of these businesses couldCOPY
operate without having paid the fees and then pack up and move after an unsuccessful
appeal. Collection will then be improbable, if not impossible.
The County requests a hearing on this matter at the Court’s earliest convenience.
Respectfully submitted,
SHERRI BEVAN WALSH
. Prosecuting Attorney
h
MARY ANN KOVACH (0005349)
Chief Counsel
MARVIN D. EVANS (0055616)
Assistant Prosecuting Attorney
53 University Ave., 6". Floor
Akron, Ohio 44308
Phone: (330) 643-8380
Fax: (330) 643-8708
mevans@prosecutor.summitoh.net
Attorneys for County of Summit :COPY
CERTIFICATE OF SERVICE
| hereby certify that on February 22, 2011, a copy of foregoing Motion was sent by
regular U.S. mail to:
Donald J. Malarcik
The Gothic Building
54 E. Mill St. — Suite 400
Akron, OH 44308
Kirk Migdal
411 Wolf Ledges Pkwy. — Suite 400
Akron, OH 44311
Michael T. Callahan
137 South Main St., Suite 300
Akron, OH 44308
MARVIN D. EVANS
Assistant Prosecuting Attorney
Document Filed Date
February 22, 2011
Case Filing Date
June 10, 2010
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COPY ZOU FEB 22 PH2: 15 COMMON PLEAS COURT SUMMiT COUNTY SUMMIT COUNTY, OHIO CLERK OF COURTS CYBER ISLAND, et al. CASE NO: CV 2010-06-4165 ~ ) ) ) Plaintiffs ) ) JUDGE PARKER -Vvs- ) ) ) MOTION FOR COUNTY OF SUMMIT ) SUPERSEDEAS BOND ) Defendants ) ) Pursuant to Civ.R. 62(B), the County of Summit (“County”) hereby moves this Court to require that a supersedeas bond be posted by the Plaintiffs to secure their motion for a stay of execution of this Court's judgment. The County negotiated in good faith with the Plaintiffs to make certain changes to the Summit County Ordinances Chapter 755 related to entertainment arcades. The County made concessions on a number of provisions. The County enacted the agreed changes upon the assurance that the instant appeals would be dismissed after passage of the legislation. The legislation was enacted by County Council, but the Plaintiffs are now hedging on dismissing their appeals. The County requests that the Court require a $650,000 cash bond to secure the appeal. This amount represents the estimated past and future semi-annual fees for a two and one-half year period based on the number of machines subject to regulation that the County has knowledge of. The fees could be lost during the pendency of these appeals if the County is not permitted to collect fees on operating businesses. It is conceivable that some or all of these businesses couldCOPY operate without having paid the fees and then pack up and move after an unsuccessful appeal. Collection will then be improbable, if not impossible. The County requests a hearing on this matter at the Court’s earliest convenience. Respectfully submitted, SHERRI BEVAN WALSH . Prosecuting Attorney h MARY ANN KOVACH (0005349) Chief Counsel MARVIN D. EVANS (0055616) Assistant Prosecuting Attorney 53 University Ave., 6". Floor Akron, Ohio 44308 Phone: (330) 643-8380 Fax: (330) 643-8708 mevans@prosecutor.summitoh.net Attorneys for County of Summit :COPY CERTIFICATE OF SERVICE | hereby certify that on February 22, 2011, a copy of foregoing Motion was sent by regular U.S. mail to: Donald J. Malarcik The Gothic Building 54 E. Mill St. — Suite 400 Akron, OH 44308 Kirk Migdal 411 Wolf Ledges Pkwy. — Suite 400 Akron, OH 44311 Michael T. Callahan 137 South Main St., Suite 300 Akron, OH 44308 MARVIN D. EVANS Assistant Prosecuting Attorney