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The lawsuit is an effort to thwart the city council’s attempt to remove Fullenkamp from office.
Noerr died Dec. 10, according to a “suggestion of death” filed March 6 in Montgomery County Common Pleas Court. Miller died March 8, according to a similar record filed March 10. The documents state the plaintiffs do not intend to appoint substitute plaintiffs in their place.
The remaining plaintiffs are Miller’s surviving wife, Debra Miller and Max Becraft, Janice Pitzer, Stephen Massa, Charles Huey, Linda Huey, Dwight Smyly, Connie Smyly and Linda Spone.
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In September, Fullenkamp and the 11 other Riverside residents called the remaining council members “evil-minded defendants” whose conduct “has been extreme and outrageous, which no person in a civilized and democratic society should be caused to endure.” When filed, the plaintiffs said they sought compensatory and punitive damages in excess of $25,000.
In November, Montgomery County Common Pleas Court Judge Richard Skelton granted Fullenkamp preliminary injunction prohibiting the city council from further attempting to remove Fullenkamp from office while the lawsuit remains active.
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