LEBANON — The city has spent close to $75,000 this year on a legal fight with cable giant Time Warner Inc. And the case is still at least six months from trial.

        “I think what we're seeing is Time Warner with their deep pockets using delaying tactics,” City Councilman James Reinhard said.

        “But at this point I don't think we can back out. We've got too much invested.”

        Lebanon sued Time Warner 1 1/2 years ago for not fulfilling its cable franchise agreement, in particular, not wiring schools as promised.

        Time Warner, in turn, countersued over the telecommunications system the city had just built.

        Enter the lawyers.

        Time Warner trial preparation costs account for about 60 percent of the city's $119,480 in outside legal fees this year, according to an Enquirer analysis of finance department figures.

        Excluding the nearly $75,000 on that case, outside legal fees are about $44,000 for the year, in line with fees of $36,000 to $47,000 in the previous five years, according to the finance department.

        City Attorney Mark Yurick, assistant Cincinnati solicitor for 11 years, said he usually only uses outside counsel for time-consuming jobs or those that require special expertise.

        The Time Warner case falls into both categories.

        “I've done big and complicated litigation before,” he said, “but if you do that you can't do much else. You can't say, "Judge, I'd really like to continue with this case but I've got to get back for a finance committee meeting.'”

        The city — which largely has been using Columbus law firm Chester, Willcox & Saxbe for the Time Warner case — got many of the cable company's claims dismissed in a May decision by U.S. District Judge Sandra Beckwith.

        However, the legal fight continues on several other points, and at this stage Lebanon is unlikely to come out ahead financially, even if it wins and receives the requested $25,000-plus in pu nitive damages.

        “Let's say that if that's their strategy, they're singularly well-equipped to do it,” Mr. Yurick said of suspicions in Lebanon that Time Warner is trying to spend the city into submission.

        Time Warner spokeswoman Jennifer Mooney denied that's the cable company's strategy, saying the lawsuits are costing the company money, too.

        She otherwise declined to comment on the litigation.

        The sides have engaged in settlement talks off and on, but both say such a step is unlikely.

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