City wants councilwoman’s suit tossed
By Bonnie Meibers
Staff Writer
HUBER HEIGHTS — Huber Heights has requested a lawsuit filed against the city by a former councilwoman be dismissed.

The response, filed by the city’s attorney Michael Sandner, seeks to have a lawsuit filed by Janelle Smith dismissed on the grounds that many of the facts laid out in Smith’s suit are not true.

The city of Huber Heights and council members Mark Campbell, Ed Lyons, Nancy Byrge and Don Webb are named as defendants both individually and in their capacity as a Huber Heights council members. City Manager Rob Schommer and Mayor Jeff Gore are also named, as well as Councilman Don Webb’s wife, Antoinette Webb, and three other citizens.

On Monday, Huber Heights city council approved a $100,000 increase to the city’s 2020 Budget for Legal to fund legal costs in defending the city against Smith’s lawsuit. Councilmen Richard Shaw and Glenn Otto, who are not named in the lawsuit, voted against the appropriation.

Smith’s lawsuit alleges that current city council members and others had conspired to have her recalled and discriminated against her based on her gender and disability.

Smith’s suit also alleges that those named in the lawsuit violated the city charter.

The response says this count must be dismissed because, even if everything the suit states is true, none “give rise to a violation” of the charter.

Smith seeks millions of dollars in damages and a trial by jury.

“The complaint sets forth a laundry list of grievances against the city, its council, city manager, and several private citizens basically setting forth any instance for which the Plaintiff felt slighted or treated unfairly,” the response states. “It is nothing more than an attempt to use the court to embarrass the city and its leaders and to allocate the blame for her failed political endeavors upon her adversaries rather than herself.”

Smith was on city council from 2016 to 2018, when she was recalled by the voters.

Attempts to reach Smith through her attorney were unsuccessful.