McCloskey civil case handed further delay

Judge James Carr of U.S. District Court has again put the Bob McCloskey bribery civil case on ice. He has denied a motion to reconsider his order last year dismissing the city of Toledo from the $10 million case and to move the trial to another part of the state.

Attorneys for Michigan real estate developer Erich Speckin filed a motion in August, 2009, accusing the judge of misapplying state and federal law in letting Toledo off the hook. In an opinion filed Sept. 2, Judge Carr denied the plaintiff's motion to reconsider.

"We believe obviously the judge is correct and that an appeal could be forthcoming," said City Law Director Adam Loukx.

The plaintiff could take his case to the U.S. 6th District Court of Appeals in Cincinnati.

Mr. Speckin, through his business, EJS Properties LLC, sued in 2004 claiming the city violated his constitutional rights to property, liberty, and due process when it denied his application for rezoning in East Toledo in 2002.

Mr. Speckin of Okemos, Mich., planned to buy part of the former Pilkington PLC technical research center complex and lease it to a charter school. He said the rezoning application was defeated because then-Councilman McCloskey didn't get a $100,000 payment he demanded, and council followed his lead. The money was to be for a Pilkington retiree prescription fund.

The city has denied that council acted under McCloskey's influence and contended the rezoning was based on valid reasons.

In his 2009 ruling, Judge Carr said the city did not violate Mr. Speckin's rights and said the 2002 rezoning decision was based on council's legitimate desire to keep the property industrial.

McCloskey was released from prison last year after serving 20 months on state and federal bribery convictions.