TRUMBULL COUNTY Lordstown sues over sewer system

The mayor said the lawsuit was 'a long time coming.'
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
YOUNGSTOWN -- Lordstown officials are seeking more than $1.2 million in a lawsuit filed in U.S. District Court in Youngstown against the Trumbull County Sanitary Engineer's office and county commissioners.
The suit contends the village is entitled to the money it spent building a sanitary sewer system.
Officials contend village taxpayers footed the bill for the system the past 11 years, but the sanitary engineer and commissioners charged tap-in fees to village residents to use it, then used the proceeds to extend sewer lines to other areas of the county.
"Our tax dollars should benefit our residents," said Lordstown Mayor Arno A. Hill. "Anything above and beyond that should be paid for by the county."
Hill said the village has considered filing the lawsuit since about 1997. Construction of the system began in 1992.
"This has been going on and on for quite a while," he said. "It's been a long time coming," the mayor said of the lawsuit.
He said county officials charged Lordstown residents a $550 fee to use the sewer system, then raised the fees to $1,050 about five or six years ago.
"We feel the residents shouldn't have to pay tap-in fees when their tax dollars already paid for the construction," Hill said.
Here's the argument
He added that tap-in fees are traditionally used to recoup costs associated with construction, but said county offices -- which did not contribute toward construction costs -- are benefiting from the fees, not the village.
According to the suit, county officials have mandated the village increase the sewer system to accommodate users from Newton Township in Trumbull County and Jackson Township in Mahoning County.
It says county officials had the village build a 30-inch line, while an 18-inch line was enough to cover Lordstown's needs.
The $1.2 million the village is seeking would cover the costs of construction to date, attorney fees and interest, as well as the tap-in fees paid by Jackson and Newton township residents.
Hill said the suit was filed in federal court rather than county common pleas court to "take the politics out of the situation. It's time for us to get this issue addressed."
Atty. James Brutz, who represents the sanitary engineer's office, declined to comment on the suit but did say a motion would be filed to bring the case back to the state level.
"It's a jurisdictional question," he said. "It's a case involving Ohio political subdivisions and Ohio law. We don't think it belongs in federal court."
slshaulis@vindy.com