CANFIELD TOWNSHIP Gibson Road court battle continues

The township hasn't been billed for most of the legal work.
By IAN HILL
VINDICATOR STAFF WRITER
CANFIELD -- While two township trustees prepare for the start of work on Gibson Road, the third is taking the next step in a three-year court battle over a project to improve the road.
That battle has cost the township $20,000 to $25,000 in legal fees so far.
Recently, the 7th District Court of Appeals ruled that "any issues not rendered moot" by its decision in March allowing township trustees to improve the road should be considered by a lower court.
The ruling was in response to a motion filed by Trustee Judy Bayus, who says the township should be reimbursed for installation of a waterline. The waterline was installed by a private developer at no cost to the township.
Trustee William Reese said the objections from Bayus won't stop trustees from holding a groundbreaking ceremony at 11 a.m. Friday. Reese and Trustee Paul Moracco announced the groundbreaking Monday.
"We have no idea why she's doing what she's doing," Reese said of Bayus.
Reese, Moracco, the school district and fire officials have argued that the poor condition of the road creates a safety hazard.
Bayus directed questions about the apparent contradiction in her motion about the waterline to her attorney, Frank Bodor of Warren. Bodor did not return calls.
Waterline plans
Trustees planned to install a waterline as part of a $359,000 project they approved in 2000 and which also calls for the road to be widened and paved. The township is to get $230,000 in state Issue 2 money to help pay for the project.
A group of Gibson Road residents filed a lawsuit in 2000 in Mahoning County Common Pleas Court arguing the project was the result of an unconstitutional agreement between trustees and a developer.
Bayus filed her motion as part of that lawsuit.
In 2001, a judge agreed with the residents and issued a permanent injunction against the project. The judge added that because the ruling prevented the project from moving ahead, the arguments made by Bayus were moot.
Trustees appealed.
When the project did not move forward in 2002 because of the legal fight, a developer building homes at the end of the road installed the waterline.
In April, the appeals court overturned the common pleas decision.
Bayus then filed a motion stating her arguments about the waterline were no longer moot because the appeals court ruled common pleas court should consider the waterline issues.
Bayus also has said that she wants Mahoning County to install a sewer along the road before work starts and that the project's design is flawed, but those arguments are not included in her motion.
Legal fees
Atty. Mark Finamore, who has represented the township, said he has not billed the township for most of the work yet because he was worried Bayus would try to use information in the bills to bolster her arguments.
The state auditor's office recommended last year that when trustees hire an attorney, they state how much they will pay that attorney. Township Clerk Carmen Heasley said the township has set aside $50,000 to pay for legal bills this year.
hill@vindy.com