The “churlish” and “juvenile” crowing from the winning side notwithstanding, the dismissal of a lawsuit by the Lucas County Commissioners over the attempt to interject a labor demand is the best outcome for all sides.
The final resolution of the case involving developer Kevin Prater’s Overmyer Lofts project means that Lucas County and Mr. Prater can close the books on $1.7 million that was already approved by a unanimous vote of the county commissioners in 2022 but held up in this protracted dispute.
As reported by The Blade’s David Patch on Tuesday in “Overmyer Lofts suit dropped by county,” the county had sued the development company, RKKP 2, to reclaim $1.7 million in American Rescue Plan Act funds because RKKP 2 had refused to negotiate a (costly) project labor agreement, or PLA, that was wanted by the Northwest Ohio Building and Construction Trades Council, a labor association that tends to dictate terms to Lucas County Democrats.
Initially, it was portrayed by the commissioners’ legal filing as if RKKP 2 had violated a requirement that it negotiate a PLA in order to use the ARPA funds to renovate the long-empty former Commerce Paper Co. on South Ontario Street.
What emerged when RKKP 2 had its say in the legal process was that the commissioners had voted unanimously, in August, 2022, to let RKKP spend the money without the need of a PLA, and then released the funds. Months later, the commissioners tried to hold up the signing of a contract to insist on the negotiation of a PLA. By then, the money had been spent.
What had changed? Former Commissioner Gary Byers was defeated, after the Building Trades Council backed Lisa Sobecki in the Democratic primary election.
After she took office, the county commissioners changed their position and tried to claw back the agreement they had already approved.
After the county withdrew its lawsuit on Monday, RKKP 2’s lawyer, Richard Karp, issued a stinging attack calling the county’s case “meritless” and the board of commissioners a “lapdog” for the construction trades council.
All accurate descriptions.
Lucas County Board of Commissioners Pete Gerken called the lawyer’s carping “churlish,” “juvenile,” “inappropriate,” “classless,” “unnecessary,” and “a cheap shot.”
Mr. Gerken said the commissioners agreed with the Lucas County prosecutors’ office to drop the case because there was little to be gained by keeping up the dispute and because the money from ARPA was for housing, and that is what Mr. Prater’s development company has created.
It might also be the case that if Lucas County was lucky enough to reclaim the $1.7 million from RKKP 2, the federal government would seize it, and it would be lost to Lucas County.
First Published February 15, 2025, 5:00 a.m.
