Gibson’s Bakery Will Have to Wait To Collect: Ohio Supreme Court Grants Stay of Enforcement of Judgment Against Oberlin College
This is a serious situation, because Oberlin College’s litigation stalling tactics combined with a continued college community boycott of Gibson’s Bakery (now approaching years), the bakery is on the verge of going out of business.
Bad news for the Gibsons. In a ruling that procedurally is not very surprising, the Ohio Supreme Court just granted the college’s motion for a stay.
It’s not procedurally surprising, because stays pending appeal are common, almost routine. The mystery was why the college didn’t seek it immediately, and waiting until the Gibsons attempted to collect on the bond. I would not read anything from this stay into how the Ohio Supreme Court will view the merits, or whether it even will hear the case.
What’s interesting is that three judges dissented from granting the stay: “Kennedy, Fischer, and DeWine, JJ., dissent.” That’s three of the seven justices. I don’t know what to read into that because I’m not sufficiently familiar with the court members. My gut tells me the court will hear the case because it has become so famous, but on the merits there’s really no reason for the court to take it.