Document for STATE OF OHIO EX REL. -vs- REAL PROPERTY LOCATED AT et al MAS

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                                                        ELE                     D
                                                          2   ce     16 AR Wi
                                            Daniel Da            LERK OF C OURRT - MAHONING

STATE OF OHIO                )                IN THE court OF COMMON PLEAS
                             ) SS:
COUNTY OF MAHONING           )

STATE OF OHIO, ex rel.:
LORI SHELLS SIMMONS, LAW DIRECTOR                             Case No.:
CITY OF YOUNGSTOWN, OHIO
26 South Phelps Street                                        Judge
Youngstown, Ohio 44503,

               PLAINTIFF/REALTOR,

       -Vs.-

REAL PROPERTY LOCATED AT:                                      ATTORNEY CERTIFICATION
520 West St. Louis Avenue                                          Ohio Civil Rule 65
Youngstown, Ohio 44511
Parcel No.: 53—131-0-111.00-0
IN REM,

       And,

REAL PROPERTY LOCATED AT:
520 West St. Louis Avenue
Youngstown, Ohio 44511
Parcel No.: 53—131-0-112.00-0
IN REM,
       And,

REAL PROPERTY LOCATED AT:
520 West St. Louis Avenue
Youngstown, Ohio 44511
Parcel No.: 53—131-0-113.00-0
IN REM,

       And,

LASHAWNA WILSON
520 St. Louis Avenue
Youngstown, Ohio 44511,

               DEFENDANTS/RESPONDENTS.


       NOW COMES      Relator, City of Youngstown, pursuant to Civil Rule 65, by and through

undersigned counsel, whom certifies that:




                                                              2024 CV 00332
1       No attempts have been made to notify Respondents of this motion for an ex parte

Temporary Restraining Order.

       2.      Notice of this Motion for an ex parte Temporary Restraining Order should not be

required because:

               a.)    The Youngstown Division of Police, Vice Unit, conducted an investigation

       into the property at 520 West St. Louis Avenue, Ohio beginning in February 2024 and

       continuing after receiving complaints of      illegal activity constituting a nuisance. This

       investigation was a continuation of a previous investigation that began         after similar

       incidents and a homicide.

               b.)    On multiple occasions, the police have responded to the location for large

       crowds engaging in fighting, shooting, blocking of emergency routes of travel, those

       fleeing from crimes entering the location, and illegal sales of alcohol. Further, it is known

       to law enforcement that individuals carrying firearms regularly enter the establishment

       as evidenced by a shooting and a homicide.

               c.) Law Enforcement has had to refrain from arresting or ticketing individuals for

       open   container violations when     exiting the bar, disorderly conduct,     assault, illegal

       parking, weapons      offenses, and other criminal offenses because      of the large crowd

       outnumbering officers and throwing bottles and other objects when officers attempt to

       intervene and disperse the crowd flowing from the bar.

               d.)     Ex parte closure of the property is further necessary in order to prevent

       destruction, removal, or concealment of property.

               e.)   Prior notification of the temporary restraining order could pose a danger to

       the physical safety and lives of the Youngstown Police Officers involved.

               f.)    Failing to immediately padlock the premises will allow illegal activity to

       continue,     as it has since the establishment reopened     and since the operators were

       notified by police of the nuisance issues.



                                                            2024 CV 00332
3      The property rights of the Respondents will be sufficiently protected in that they

will be notified in advance of the hearing on the Motion for Temporary Injunction that will be

held within ten (10) days of issuing the ex parte Temporary Restraining Order.

                                            Respectfully submitted,

                                            LORI SHELLS SIMMONS, Law Director
                                            JAMES VIVO, Assistant Law Director
                                            City of Youngstown, Ohio
                                            City Hall — 4% Floor
                                            26 South Phelps Street
                                            Youngstown, Ohio 44503
                                            Telephone: 330.744.8874
                                            Facsimile: 33.744.8867
                                            COUNSEL FOR PLAINTIFF/REALTOR

                                            By:_/s/ James Vivo
                                            JAMES VIVO (0071891)
                                            Assistant Law Director




                                                          2024 CV 00332