On Aug. 19, 1996 Englewood and Union filed a lawsuit which sought only to prevent the merger election from going forward. On Oct. 7, 1996 they amended the complaint to add a claim asking the court to divide-up the assets of the fire department among the new city of Clayton, Englewood and Union.

The latest amended complaint filed by Englewood and Union argues that the two cities are entitled to an apportionment of ail of the assets of Randolph Township.

The amended complaint states in part, "The Plaintiffs desire to set out two additional theories of recovery by adding two claims for relief under Counts Six and Seven of the Proposed Plaintiffs' Second Amended Complaint.....

"Specifically, should it be determined that the individual plaintiffs are not entitled to vote on the issue of the merger of Randolph Township with Clayton under Ohio's Merger Statutes (Ohio Revised Code sections 709.43807.50), the Plaintiffs desire to amend their First Amended Complaint to request that this court declare that the Plaintiffs are entitled to an equitable apportionment of all of the assets of Randolph Township, including but not limited to, the Fire Department and emergency medical services assets.

"This amendment will not unduly prejudice the Defendants as the Plaintiffs have consistently argued in their other pleadings to this Court and appellate briefs that any apportionment of Randolph Township assets should include ail of the assets of the township, and not just the Fire Department and emergency medical services assets."

Randolph Trustees Bob Hine, Ted Gudorf and Joyce Deitering agreed that they were "saddened" that the cities have chosen to expand their lawsuit.

"This latest attempt to amend expand and extend the lawsuit is the epitome of sour grapes," said Township Law Director Robert E. "Buzz" Portune. "Having lost in the trial court and court of appeals the cities now seek to punish the voters of Randolph Township and the village of Clayton for voting to approve the merger."

Englewood City Manager Eric Smith said the amended complaint was filed in order to "clean-up a few housekeeping items" contained in the original amended complaint. Smith denied that the amended complaint had anything to do with dividing up all of the township's assets. He stated that it focuses only on the fire department issue.

"Our' position is that Union and Englewood citizens have paid for 54 percent of the fire department assets; and we can't afford to wait any longer to deal with the fire department issue," said Smith. "Public safety is too important. It just can't wait.

"We are after our proportionate share regarding fire and EMS services. For anyone to contend that we are after 54 percent of the assets of Randolph Township is blatantly wrong. What we need to do is get over this division. The only way this is going to end is to just agree to this divorce and get on with our lives.

"What I would ask is that the trustees amicably divide the assets of the fire department based upon the proportionate taxes paid by all three jurisdictions and we can stop the fighting and get on with our lives. We shouldn't have to go to court to get what is ours. The trustees could agree to divide up the assets in a friendly way, and I would hope that they would agree with that to stop the fighting." Portune said that the township is attempting to put Smith under oath in court to allow him to put his "spin" on what this latest lawsuit actually means.

He further stated that the amended complaint is very clear that the cities are seeking at least half of everything the township currently owns.

Englewood Law Director Michael McNamee said that Englewood and Union are only seeking an apportionment of the township's assets based on tax monies collected by the township for the fire and EMS levy and inside millage.

Inside millage is unvoted millage within the 10-mill limit by state law. All jurisdictions in the state pay inside millage.

According to Randolph ClerkTreasurer Don Imbus, Englewood and Union residents pay less than one-half of one mill (.42 mills) of inside millage to the township, about $80,000 per year. Imbus said that when the merger becomes official on Jan. 1, 1998, these monies will still be collected, but it will not go to Clayton. The Montgomery County Budget Commission will make a determination where these funds will be redirected and tax bills will not be lower as a result of the merger.

"We are requesting an apportionment of all the assets of the township based on the tax roll and tax contributions of the citizens of Englewood and Union," said McNamee.

He added that inside millage from the two cities collected by the township goes into Randolph's general fund. In the case of the fire and emergency medical services levy, the interest earned by this levy is placed into the township's general fund.

"To the extent that those funds have been utilized for general fund purposes, Englewood and Union are seeking their proportionate share of those assets."