The city of Pittsburgh has filed a motion to dismiss University of Pittsburgh Medical Center's civil rights lawsuit against city Mayor Luke Ravenstahl, according to a Pittsburgh Post-Gazette report.
City attorney E.J. Strassburger from Pittsburgh-based Strassburger McKenna Gutnick & Gefsky filed the motion for the city, saying UPMC's lawsuit is an "irresponsible, overwrought paroxysm of a response as to raise legitimate questions of UPMC's sincerity and purpose before this court."
In March, Pittsburgh filed a suit challenging UPMC's tax exemption. UPMC countered by suing the city and Mayor Ravenstahl in April, claiming the city's lawsuit questioning UPMC's tax-exempt status is a campaign to target and damage UPMC.
The city's motion seeks the dismissal of UPMC's complaint, claiming it interferes with what should be a state court action regarding the hospital system's tax status. The city also claims the counter suit is inappropriate because no one's rights have been violated and because the city and mayor are immune from suit except in limited circumstances, according to the report.
"In this case, the mayor is acting as a mayor should. If he makes a call that UPMC isn't tax-exempt, and we ask the court to tell us whether they're a charity or not, that sounds like an action that is in a sweet spot of what a mayor is supposed to do," Mr. Strassburger said in the report.
UPMC spokesperson Paul Wood said the mayor's "attack on UPMC was itself bizarre and breathtakingly improper," according to the report. "We're confident the courts will ultimately agree."
The next step will come Tuesday, when U.S. District Judge Joy Flowers Conti will lead a hearing on whether the challenge to UPMC's tax exemption should be litigated in federal or state court, according to the report.
More Articles on UPMC and Pittsburgh:
Pittsburgh v. UPMC: Legal Arguments Behind the Tax-Exempt Challenge
UPMC Sues Pittsburgh, Mayor Ravenstahl Over Tax-Exempt Challenge
UPMC's Amended Suit Claims Pittsburgh Mayor is Trying to Cover City Scandal