Motion,Ex Parte: SMITH FAMILY TRUST VS CITY OF HUDSON BOARD OF BUILDING AND

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                                INH (CORT, OF COMMON PLEAS
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SMITH FAMILY TRUST, OURTS CASE NO. 2007 05 3641
Appellant, ) JUDGE JUDITH HUNTER
v. )
CITY OF HUDSON BOARD OF ) MOTION FOR COURT TO TAKE
ZONING AND BUILDING APPEALS JUDICIAL NOTICE
)
Appellee,

Now comes Appellant, Smith Family Trust (“Trust”), by and through undersigned
counsel, and respectfully moves this Court, pursuant to Ohio Evidence Rule 201(D) to take
judicial notice of an adjudicative fact, namely that Charles Riehl, City of Hudson Solicitor and
Attorney for Appellee, City of Hudson in this appeal, is also the Law Director for the Village of
Gates Mills, Ohio. Charles Riehl called the Fire Chief for the Village of Gates Mills, Tom
Robinson, to testify at the evidentiary hearing held on April 9, 2008. Charles Riehl questioned
the Fire Chief without disclosing to the Court that he also served as the Law Director for the
Village of Gates Mills, Tom Robinson’s employer. Whether the expert witness, Tom Robinson,
was biased would have properly been a subject of inquiry. Davis v. Immediate Med. Serv., Inc.
(1997), 80 Ohio St.3d 10. In support of this request and to enable the court to take judicial notice
of this matter, Appellant is submitting a list of the Village of Gates Mills staff. This document
was obtained on the internet at www.gatesmillsvillage.com under the drop down menu for

village officials - staff.COPY

Wherefore, Appellant requests that this Court take judicial notice of the fact that

Charles Riehl is the Law Director of the Village of Gates Mills, Ohio.

Respectfully submitted,

Kew fvnsols Job

Karen Edwards-Smith (0042882)

17888 Snyder Road

Chagrin Falls, Ohio 44023

Tel: 330-329-5003

Fax: 440-543-6532

Email: KarenSmith54@roadrunner.com
Attomey for Appellant, Smith Family Trust

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Motion was sent by regular U. S. Mail to
Amy Lane, Attorney for the City of Hudson, 1301 E. 9" Street, Ste. 3500, Cleveland, Ohio
44114-1821 this 1st day of August, 2008.

Kew (eons:

Karen Edwards-Smith (0042882)
| Attorney for AppellantCOPY

Village of

Gates Mills

Village Officials

Village Officials: Staff From the Mayor
8 Colstarr

Gates Mills Village Hall Committees
1470 Chagrin River Rd. Finance Department

Gates Mills, Ohio 44040

Phone: (440) 423-4405 Police Department

Fax: (440) 423-0620 Fire Department
Service Department
2008 Village Officials Building Department
Tite one E: Term & Recreation
ie Ph xt, Names .

Mayor Ext 122 Connie White 128111 Information

President of Council Karen Schneider 12731109 Contact Us

Members of Council Edward Welsh of I
Ce ohms 133109 Calendar of vents
Trina Nemastil 42/31/09 items of Interest
Mary Reynolds 1213111 Codified Ordinances
Shawn Riley 12/31/09 Public Records Policy
Jerry Tone 12/31/11

Law Director Charles T. Riehl

Prosecutor Vincent Feudo

Treasurer Patrick S. Mullin 12/31/09

Assistant Treasurer Jocelyne Linsalata

Clerk Beth DeCapite 12/31/11

Tax Administrator Robert Reitman

Asst. Tax Administrator Ext. 126 Jo Ann Lechman

Finance Admin. Ext, 126 Jo Ann Lechman

Village Secretary Ext. 120 Joyce Truse

Chief of Police Ext. 112 Steve Szeredy

Police Lieutenant Ext. 129 Ron Whitmer

Fire Chief Ext. 106 Tom Robinson

Service Director Ext. 127 Dave Biggert

‘Service Manager Ext. 108 Bill Murfello

Asst. Service Manager Trevor Murfello

Building Inspector Ext. 127 Dave Biggert

Village Engineer Christopher Courtney

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