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As the case over the use of eminent domain to make way for a Mill Creek MetroParks bicycle path to pass through privately owned property drags on, ostensibly, the legal fees will continue to mount.
After the Ohio Supreme Court last week kicked the lawsuit back to the Mahoning County Common Pleas Court, it appears the legal battle will continue -- as the cash register continues to ring up more and more legal fees for both private landowners and the taxpayers of the county.
We believe this is just one more reason for the sides to sit down to find a way around Diane Less' property and also around these legal proceedings that come at taxpayers' expense.
The Ohio Supreme Court on July 11 returned to the common pleas court the dispute over whether the Mill Creek MetroParks can use eminent domain to take some Green Township property for the final phase of its bikeway.
Eminent domain is the method used by government to ensure their attempts to provide essential public services for a greater community good are not blocked by a limited number of property owners.
This legal debate, ongoing since at least 2019, has focused heavily on whether creation or extension of a recreational trail is a permissible use of eminent domain, under Ohio law.
Residents argue against attempts by Mill Creek MetroParks to acquire rights of way from private landowners to complete the third section of the MetroParks bikeway in southern Mahoning County.
Last week, the Ohio Supreme Court ruled it does not have jurisdiction to decide the matter. It also ruled that the Mahoning Common Pleas judges erred when they failed to conduct a hearing on the matter that is required by Ohio law.
A common pleas court judge, under state law, must hold a hearing to determine the necessity for the MetroParks to take land from property owner before the issue is considered a "final, appealable order."
The ruling, written by Justice Melody Stewart, states because similar rulings by common pleas court Judges John Durkin and Maureen Sweeney leave "issues unresolved and contemplates further action," the Ohio Supreme Court cannot rule on the issue.
The high court also ruled that a panel of appeals court judge from Circleville in southern Ohio, which issued the most recent ruling in the case, likewise did not have jurisdiction when that panel ruled in favor of Less in the spring. That panel, hearing the case on assignment from the Ohio Supreme Court, ordered the case sent back to judges Durkin and Sweeney, but its ruling ordered the judges to dismiss the MetroParks' attempt to acquire some of Less' land.
The MetroParks, however, appealed that decision, and the Ohio Supreme Court accepted the matter for review.
Both sides have dug in their heals, refusing to admit defeat.
In fact, after last week's ruling, both Green Township property owner Diane Less and Mill Creek MetroParks Executive Director Aaron Young said they considered the Supreme Court's decision a victory.
Last week, even Less wondered how long this case would drag on. "I'm just tired of it, and everybody else is tired of it, too," she said.
Young told our reporter he looked forward to continuing the process in order to bring additional recreational opportunities to the residents of Mahoning County.
Less says the addition of a paved trail through her property will cut her farm off from 6 acres of her property readily used by deer and other wildlife.
While we fully understand that recreational trails benefit the public, we are not convinced in this case that plans for recreational trails will outweigh the right by these landowners to retain their private property. We also aren't convinced that other route options aren't available. Less, in fact, has long argued that the MetroParks should instead consider an alternative route along public property on Washingtonville Road.
Young has said alternate routes were discussed and ruled out about a decade ago.
But since that time, Less says Washingtonville Road has been resurfaced, making it "smooth as glass" and a "better bike trail … than probably most places in the state of Ohio."
We call on the MetroParks district to demonstrate the attitude of a good neighbor with a willingness to explore this route or other options to continue this phase of the Mahoning County bikeway.
Mediation attempts perhaps also could alleviate other concerns raised by MetroParks leaders, including the possibility of being forced into paying the legal fees of the landowners who oppose the trail.
Certainly, there must be a way to resolve this controversy. Let's come together in attempt to do that -- for the good of the community the MetroParks was established to serve.