Homeowners file suit against county, company for excavation

The county learned that an easement was not where it thought.

WARREN — A Vienna couple sued Trumbull County officials, Dave Sugar Excavating and others for digging on their land without permission during construction of the Niles-Vienna Road waterline extension.

Victor J. and Kathleen R. Spess, of 3979 Smith-Stewart Road S.E., filed the suit in Trumbull County Common Pleas Court and named as defendants Dave Sugar Excavating of Petersburg, the board of Trumbull County commissioners, the county sanitary engineer’s office and others.

The suit says the excavating company installed a portion of the waterline on their property without getting permission. They seek more than $50,000 in damages.

James Brutz, an assistant county prosecutor who handles legal matters for the sanitary engineer’s office, said the county built a portion of the waterline across Smith-Stewart Road near the Spess residence and thought it was doing so on a county-owned bridge easement.

About two months ago, officials learned that the easement was not in the location where they thought, meaning the waterline had actually gone through the Spess property. The county has been negotiating with the couple since then, Brutz said.

Before the negotiations can be completed, Brutz said he needs Trumbull County Engineer John Latell’s office to provide a new legal description for the bridge easement.

The portion of the waterline near Smith-Stewart Road was completed around the first of the year and put into operation in the spring.

runyan@vindy.com