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Judge dismisses dam lawsuit

Warren Township trustees, commissioners can appeal

WARREN — Trumbull County Common Pleas Court Judge Ronald Rice on Tuesday dismissed a lawsuit filed by the Trumbull County commissioners and Warren Township trustees that sought to halt the planned removal of the Leavittsburg dam on the Mahoning River.

The Trumbull County MetroParks, which owns the low-head dam, had its park board vote last year to proceed with its removal.

Rice reviewed the matter and sided with the metroparks board to dismiss the case.

In February, the commissioners and Warren Township trustees filed a joint lawsuit seeking a 180-day preliminary injunction on the dam’s removal. In his decision, Rice wrote, “Even if plaintiffs had standing to bring this lawsuit, the court finds that plaintiffs’ request for a preliminary injunction is not well taken and the same would be denied.”

The judge also stated that stopping the removal of the dam is in the selfish interest of the residents living along the river.

The metroparks board has been working to remove the dam as part of the Mahoning River Corridor Revitalization Plan, a project aimed at restoring the river to a natural, free-flowing state. The dam’s removal was funded by more than $4.8 million in grants from state environmental agencies.

Trustees and some Warren Township residents expressed concerns about potential riverbank instability, damage to roads and exposed sewage if the dam is removed.

Rice said in his ruling the plaintiffs allege that if the dam is removed and water levels decrease, residential septic systems that are submerged in the river, and discharging into the water, will be exposed, leading to sewage being discharged onto land instead.

“This sewage discharge will not be created by defendants’ removal of the dam — it is already happening and, unfortunately, appears to have been happening for a long time. Returning the river to its natural depths by removing the dam is merely making such discharge more noticeable.”

Rice stated that he would have denied the request for a preliminary injunction, noting the dam’s removal and its role in the broader river revitalization plan. Several of the dams along the river already have been removed, including in Lowellville and the Summit Street dam in Warren.

The judge stated delaying the project could harm grant funders and the contractor hired for the work. Rice’s judgement entry states the plaintiffs lacked standing to bring the lawsuit.

HIs ruling can be appealed.

Zachary Svette, executive director of the metroparks, said he had no comment on the matter and would refer to the judge’s decision.

Warren Township trustees have scheduled a meeting at 10 a.m. Thursday to discuss “imminent or pending litigation.”

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