The curious (and dismissed) case of Zeauskas v. Moore took another interesting turn last week as Cecil County filed a ten-page motion to recoup legal expenses from Delegate Michael Smigiel, who was the plaintiff’s counsel in the case.
At stake is the nearly $40,000 the county spent defending a case where the defendant claimed damage due to inaction by the plaintiff, in a case Cecil County argues was filed simply “(t)o make a public political splash, and in the process, to vex, delay, and oppress the efficient operation of County government.”
The motion also chides Smigiel, who has practiced law since 1989:
Legal counsel, particularly an attorney with Smigiel’s credentials and experience in government litigation, either knew, or should well have known, that the pleading tiled in this case was patently groundless. In fact, Defendants’ counsel, on three occasions prior to filing the Motions to Dismiss, sent correspondence to Smigiel specifically addressing the spuriousness of Plaintiffs action and requesting that the case be voluntarily dismissed.
It goes without saying that Smigiel has had a tough run of luck lately, as he lost this case shortly after losing his bid to be appointed as State Senator from District 36 to fellow Delegate Steve Hershey – a loss he didn’t take all that well. Add to it Mike’s valiant but fruitless effort to stop Maryland’s onerous new gun laws from passing and taking effect, and one may think he can’t wait for the General Assembly session to begin and allow him something new to do.
In the meantime, this could extend the Zeauskas case into our convention, and while I haven’t heard anything yet about resurrecting the call for censure of Cecil County Executive Tari Moore for abandoning the GOP shortly after her election in order to better control the appointment of her successor per the county’s charter, it wouldn’t shock me if the measure came up once again. It was tabled last fall before a binding vote could be made. My impression is that Moore is awaiting the conclusion of the case before reverting to the GOP fold; however, I’m not privy to any official word on this. (If she reads this, feel free to enlighten us.)
As I explained back in October at the conclusion of the case, this whole episode has probably assured Tari a primary opponent once 2016 rolls around. (This is assuming, of course, she officially changes her registration back.) But with Moore’s court triumph and the defeat of Smigiel in his effort to succeed political ally State Senator E.J. Pipkin after Pipkin’s startling resignation, it appears the turbulence in Cecil County politics may be closer to the end than to the beginning – much to the relief of county residents.