Court denies bid to halt dam removal
WARREN — An Ohio appeals court has denied a request by the Trumbull County commissioners and Warren Township trustees to temporarily block Trumbull County MetroParks from removing the Leavittsburg Dam on the Mahoning River.
The ruling states that the plaintiffs failed to prove imminent harm or a strong likelihood of winning their appeal. At the time of reporting, Warren Township officials had no comment regarding the decision at this time and that a meeting would take place next week.
In a decision filed Wednesday, the 11th District Court of Appeals in Trumbull County rejected the motion for a preliminary injunction, allowing the MetroParks to proceed with the $4.8 million project. The appellants sought to stop the dam’s removal, citing potential environmental and infrastructural risks, including floodplain changes, loss of river vegetation, water quality impacts, and sewage buildup on residential land.
Commissioner Rick Hernandez expressed disappointment with the ruling on Thursday but indicated acceptance of the court’s decision.
“We honor the ruling, even though the commissioners saw it differently,” Hernandez said in a statement.
He noted concerns about potential infrastructure issues, including a bridge and roadway that could be affected by lowered water levels, based on prior engineering reports. However, Hernandez acknowledged conflicting studies and the challenges of pursuing further legal action.
“We’ve tried, and sometimes you lose,” he said, adding that Warren Township might need to consider fundraising or private donors to continue the fight, given the county’s financial constraints.
Hernandez also highlighted other county efforts, such as a $14 million sewer project funded by grants, as evidence of ongoing community support. “It’s disheartening, but we have to choose our battles,” he said.
But the court, in an opinion authored by Judge Eugene A. Lucci, found that the alleged harm was speculative and lacked the “clear and convincing evidence” required to justify an injunction. The ruling emphasized that the appellants did not demonstrate a substantial likelihood of success in their appeal of a lower court’s decision, which dismissed their complaint for lack of standing.
“The harms identified by the appellants, such as potential sewage discharge or embankment instability, are not imminent or concrete,” the court stated, noting that septic discharge into the river is a pre-existing issue not directly tied to MetroParks’ actions.
The MetroParks defended the project, which is backed by studies from the U.S. Army Corps of Engineers, the Ohio Department of Natural Resources, and the Ohio Environmental Protection Agency. The agency has hosted public meetings and comment periods since 2019 to discuss the dam removal’s benefits, including improved river safety and ecological restoration. The court noted the lack of significant public opposition at the time as a factor undermining the appellants’ claims.
The ruling also cited potential harm to the MetroParks and contractors if the project were delayed. Zachery Svette, the MetroParks’ executive director, stated in an affidavit that a 30-day delay could cost $400,000 to $500,000 in contractor expenses, with damages potentially reaching $2 million if postponed into 2026.
The appellants argued that halting the project would serve the public interest by protecting residents from anticipated nuisances. However, the court rejected this, suggesting that continuing to discharge septic waste into the river was not in the public’s interest.
The decision, joined by Judge John J. Eklund with Judge Scott Lynch concurring in judgment only, overrules the motion for an injunction, clearing the way for the MetroParks to move forward with the dam removal. The underlying appeal on the issue of standing remains pending.