Surber files lawsuit against township

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By Meladi Brewer

DailyAdvocate.com

GREENVILLE – Geoffery “Geoff” Surber is suing Greenville Township for failing to perform their official duties.

Surber filed a complaint for a writ of mandamus, injunctive, and other relief in November of this year. This means there are allegations a public officer failed to perform his or her official duties or something which forms a part of his or her duties. The case is a matter of grace and not right.

The allegations placed upon the Greenville Township Board of Trustees includes a refusal of Surber’s Freedom of Information Act request. This act is often described as the law that keeps citizens “in the know” about their government.

The Greenville Township and Surber have been having an ongoing battle with each other for several years allegedly over zoning for his agriculture building at Sebring Warner and Ohio Street.

The Daily Advocate has requested the cost of legal fees pertaining to the actions taken against or defending against Surber. The township’s fiscal officer responded, “I will be happy to provide the information you are requesting. I will need to do some research, but will get back to you soon.” The Daily Advocate will update this story when the information is received.

The Daily Advocate also requested a statement from the trustees in regards to the lawsuit, but they have not released a statement as of the time this article was published.

Since 1967, the Freedom of Information Act has provided citizens with the right to request access to records from any federal agency. Surber advised the information requests “that were denied were for information on zoning and what properties they (the trustees) have pursued for zoning violations.”

“Those requests were both before and after any hearings or filings,” Surber said.

Judge Jonathan P. Hein is presiding over the case, and a continuance was granted on Dec. 27.

To contact Daily Advocate Meladi Brewer, email [email protected].

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