YOUNGSTOWN — An attorney representing Mill Creek MetroParks questioned Thomas Hough, owner of a mile-long former railroad bed near his home that the MetroParks plans use for its bike trail, about the bed’s slag and topsoil.

The MetroParks has been trying to purchase a right of way on Hough’s railroad bed property as a way to complete the last 6.4-mile leg of the bike trail. But Hough has contended that the $63,000 the MetroParks offered for the right of way is at least $500,000 too low.

The dispute resulted in a jury trial this week in Mahoning County Common Pleas Court. Magistrate Tim Welsh, who works for Judge R. Scott Krichbaum, is presiding. Testimony concluded Tuesday and a jury will begin deliberations today.

Hough has contended that the MetroParks also should compensate him for the slag and topsoil on the former railroad bed. The MetroParks would create a 10-foot-wide bike path on it.

MetroParks attorney Elizabeth Farbman asked Hough about a dump truck he uses to make money. Hough agreed that the truck does not advertise that he sells top soil and slag, only that he offers services with his backhoe and dump truck.

“It doesn’t say you have topsoil or slag, does it?” she asked.

“No,” Hough said.

She asked him whether there was anything that prevented Hough from selling larger quantities of slag and topsoil in the decades since he bought the railroad bed in 1992, and Hough said no.

He always felt it would be wise to keep the slag and topsoil sales for when he got older and could no longer do some of the types of work he does now, Hough said.

“I’ve always looked at it as a nest egg for later on,” he said.

“Since 1992, you have not had anyone come to you and say, ‘I’ll give you $500,000 for those materials, correct?'” Farbman asked.

“That’s correct,” Hough said.

“And nobody has offered you $100,000, correct?” she asked.

“That’s not correct,” Hough said. He turned down an offer to sell the materials for $100,000 but does not have any documents regarding the offer, Hough said.

Later, Stephen Avery, who worked full time at the Mill Creek MetroParks in planning for 31 years until January 2020, testified regarding the decades of planning that went into building the two earlier phases of the bike trail and the final phase.

He said the Mahoning County portion of the bike trail is part of the four-county trail from Lake Erie to the Ohio River. Trumbull County’s portion of the trail now meets the Mahoning County portion in Austintown. The Columbiana County portion begins just south of the Mahoning County line in Washingtonville.

Under questioning by attorney Jason Rebraca, who represents Hough, Avery explained that the MetroParks hired GPD Group, which hired O.R. Colan Associates, to handle land aquisition for the third phase of the bike trail, including the rail bed Hough owns.

Rebraca repeatedly asked if the MetroParks was involved in making the $63,000 offer to Hough. Avery suggested that the MetroParks was not involved.

“O.R. Colan made the offer,” Avery said. “Mill Creek MetroParks hired GPD Group” as its consultant.

When asked the MetroParks’ role in making the $63,000 offer, Avery said the MetroParks “received the entire package of the offer, which included the full appraisal,” Avery said.

The MetroParks “went with the legal process and the experts that were producing the documents” regarding the appraisal of the Hough property, Avery said.

The process for acquiring the right of way also required that another company review the appraisal of Hough’s property, Avery said. The company used was Roger Sours Co.

erunyan@vindy.com