Tipp City school board member asks judge to reconsider ruling

Citizens sought removal of Dunaway; judge only dismissed some of their claims, left others in play

TROY — A Tipp City school board member whose removal is being sought in a Miami County court asked a judge to reconsider a July decision dismissing some claims, asking instead to throw out all allegations of inappropriate conduct.

The motion for reconsideration was filed by attorneys for Theresa Dunaway, who along with board member Anne Zakkour, was named in a Tipp City Concerned Citizens civil action seeking legal removal in county Common Pleas Court.

Visiting Judge William Wolff in July dismissed some claims but said a hearing would be needed on others to determine if the conduct alleged was appropriate.

The Concerned Citizens accused the two board members of improper exercise of authority; improper use of authority for personal gain; abuse of power; refusal or willful neglect to enforce the law and uphold their duties; exceeding the scope of their responsibilities and authority; and gross neglect of duty, misfeasance and/or nonfeasance in office.

Lawyers for Dunaway and Zakkour sought case dismissal, claiming the petitions did not comply with state law and procedures for removal and were so vague and ambiguous that it was not possible to defend themselves.

Wolff ruled that allegations that Dunaway and Zakkour violated Ohio’s Sunshine Law, improperly used authority and related acts would be dismissed for failure to state a claim.

Remaining are claims Wolff said describe “discrete matters with sufficient particularity” that would allow a response from the board members.

In the request for additional dismissal, Dunaway’s lawyers argue the remaining allegations are not specific, do not state facts instead of conclusions and do not provide a cause for removal.

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