Smith, through the suit, seeks millions of dollars in damages and a trial by jury.
The city’s legal counsel, Michael Sandner, originally asked the case against the city be dismissed in February. The city filed this additional evidence on Aug. 26.
One of the arguments in the motion to dismiss was that Smith did not pay a deposit for the taxpayer action, which is a requirement under the taxpayer statute, said Huber Heights city attorney Gerald McDonald. Recently another Ohio case ruled that paying this deposit, when required by statute, is mandatory and not part of the filing fee.
“We filed this to point out that the new case supports our position, and to hopefully get the file back on the judge’s radar,” McDonald said.
The case sits in the Montgomery County Court of Common Pleas before Judge Steven Dankof.