Claypool Withdraws Lawsuit Against Brakey, Dvorak

February 4, 2026 by Allison Wilson

Skip Claypool withdrew his lawsuit against Geauga County commissioners Carolyn Brakey and Jim Dvorak Jan. 28, following lengthy discussion prior to their hearing in Geauga County Court of Common Pleas.

Attorney Jay Crook, representing Claypool, asked that both parties be dismissed without prejudice.

Claypool initially filed a complaint Jan. 6, and an amended complaint Jan. 12, alleging the two commissioners violated Ohio Open Meetings laws.

The lawsuit stems from Claypool’s opposition to the ratification of changes to the Northeast Ohio Areawide Coordinating Agency’s bylaws, including a provision that would disqualify him from serving as an alternate — a role he previously held under then-Commissioner Ralph Spidalieri.

Claypool alleged the request to amend the bylaws originated with two of the county’s three commissioners and that the request was never discussed in a public session or privately through text messages or email.

He also sought to enjoin NOACA from amending its bylaws.

“My client’s intention was to prevent a vote of ratification, in addition to the issue with the sunshine laws,” Crook said.

However, commissioners voted 2-1 to ratify the bylaws Jan. 22, with Spidalieri voting against the changes.

“They have already voted. Any attempt to undo, or even to challenge, an action of the board of commissioners requires not the individual commissioners, but the board to be named (as parties in the lawsuit),” Crook said.

Because the actions Claypool sought to enjoin had already occurred, Crook said the nature of the relief requested had changed. He asked for two weeks to file an amended complaint.

NOACA will revisit the case once updated filings are submitted, said attorney Stephen Bosak, representing the planning agency.

Judge Matt Rambo dismissed Brakey and Dvorak as parties and granted Claypool and Crook until March 2 to file an updated complaint.

“And let me just say, as an aside, it is not my place or my intention to hatch judgment on any of the political machinations that may go on between parties in this case,” Rambo said before adjourning. “I know there is a long history between some of the parties. It is not the place of the court to weigh in on those issues.”

Following the hearing, Brakey reiterated her view that the lawsuit is a waste of taxpayer dollars.

“Last week, Mr. Claypool told the board, ‘We’ll see what the courts say about that in a week,’” she said. “As should surprise no one, ‘the courts’ never had that chance because he voluntarily dismissed his own lawsuit against Commissioner Dvorak and me.”

Attorneys for both Brakey and Dvorak filed a motion for judgment on the pleadings Jan. 28, but the motion was dismissed as moot in Rambo’s order.

“Mr. Claypool’s pattern of frivolous litigation that wastes taxpayer resources, combined with documented misconduct, continues to prove beyond any doubt that he is a liability and not fit to serve on any county board in any capacity, even as an alternate,” Brakey said.

In response, Claypool reiterated his previous rebuttals, calling the allegations lies and an attempt to intimidate him.

“I am one of the most qualified people in the country to deal with NOACA,” he said. “As I said in my response letter to NOACA, all of my interactions with the NOACA director and staff are in public meetings. Any inappropriate behavior would have been dealt with in those meetings.  You will find no record of any issues.”

Claypool defended his decision to file two related lawsuits — the current one and a previous one concerning a public records request made to commissioners — stating that two lawsuits do not constitute a pattern. He asserted that he initiated the legal actions because he believed the law was being violated.

“A frivolous lawsuit is only so when a judge says it is. Of course, Carolyn is name calling,” he said. “She wants to distract from her misbehavior. It seems obvious to me.”