Company denied restraining order

The village solicitor says he expects approval of the state loan.

By TIM YOVICH

VINDICATOR TRUMBULL STAFF

WARREN — A judge has denied a construction company a temporary restraining order that, if granted, would have put an $8.1 million sanitary sewer project in Lordstown in jeopardy.

Judge Andrew Logan of Trumbull County Common Pleas agreed with the village that the preliminary injunction sought by DanCo General Excavating Inc. of Lordstown not be granted and DanCo not be substituted for the company awarded the bid.

A message left at DanCo office for comment wasn’t returned.

Village Solicitor Paul Dutton said Thursday that the village had until today to have all the information to the Ohio Environmental Protection Agency for the 2 percent loan to construct sanitary sewers on the eastern end of the village.

“We have every expectation they will approve the loan,” Dutton said of the Ohio EPA in light of the court’s decision.

Connected to the loan is a $2 million grant the village sponsored to allow the Mill Creek MetroPark District to buy additional land. The park can’t apply for such state loans.

DanCo had bid $1,027,341 to construct a section of the sewer line. But Dutton ruled that the DanCo bid couldn’t be accepted because of a conflict of interest.

Daniel E. Wilson, a company owner, is the son of Councilwoman Mary Jane Wilson, who is also chairwoman of village council’s utility committee.

Dutton’s decision was supported by the Ohio Ethics Commission.

In his ruling, Judge Logan wrote that the bid specifications were prepared by CT Consultants Inc., a Youngstown engineering firm, and the utilities committee.

The decision to reject DanCo’s bid was not because of any illegal activity. Wilson and DanCo “claim no confidential or proprietary information was exchanged in violation of the law,” the judge wrote.

Mary Jane Wilson remained the chairwoman of the utilities committee until just before the bids were opened. She had offered to resign her position, but the resignation was not accepted by council.

In his opinion, Judge Logan wrote that an unsuccessful bidder who seeks injunctive relief must prove an abuse of discretion — the village in this case — resulting in tangible harm to the public in general and the bidder individually.

He ruled that the village taking the advice of Dutton not to consider DanCo’s bid was not an abuse of discretion.

In addition, the judge wrote that DanCo knew before the submission of its bid that the village did not intend to accept it “because of the ethical concerns.”

yovich@vindy.com