Oda won the race against City Council President Bill Lutz, a fellow Republican, by 31 votes.
Notice of the lawsuit’s dismissal was filed this month in Miami County Common Pleas Court. The dismissal was without prejudice, meaning an action could be refiled. Tomb said he likely would refile the lawsuit, but did not know when.
Oda said Thursday she had no comment.
The lawsuit centered on a campaign mailer postcard sent to Troy residents the week before the election. The mailer calling for votes against Oda’s opponent Lutz listed alleged reasons to support those votes, including a claim that, “He shamelessly accepted money from a lawyer who’s suing the city.”
Tomb claimed the statement in the mailer paid for by Citizens Electing Robin Oda was “a blatant lie knowingly made by the Citizens Electing Robin Oda for the dual purposes of harming Tomb and seeking some benefit from the lies for Oda’s struggling re-election campaign.” The suit claims the statement was made with Oda’s approval.
Although not named specifically in the mailer, Tomb said the statement points to him because the Lutz campaign donor list included three lawyers, including him. The mailer said the lawyer is suing the city. Tomb said he was not suing the city but is involved as a plaintiff along with the city in the legal action involving the Tavern building 112-118 W. Main St. in Troy.
Tomb’s lawsuit further claimed that Matthews, in a letter to the editor of the local newspaper, allegedly made false statements including “Biggest contributor? The family of the attorney suing the city of Troy over the 1903 Oddfellow building,” a term at times used to refer to the 112-118 W. Main St. property.
The letter was re-published by Oda on her Facebook page, the suit claims.
Tomb alleged those he sued conspired to make and publish false statements about him “for the purpose of defaming (him),” causing him economic harm and emotional stress and damaging his reputation. The lawsuit sought in excess of $25,000 in compensatory damages plus punitive damages.