Judge dismisses Aqua Ohio suit

WARREN — A visiting judge has dismissed a breach of contract lawsuit filed by a private water supplier against Trumbull County commissioners.

The suit was filed by Aqua Ohio Inc. against the county, alleging that the commissioners acted improperly when they allowed Niles to provide water to the county’s Southeast Water District.

The case was dismissed Wednesday by Visiting Judge Thomas P. Curran of Cuyahoga County, sitting by assignment in Trumbull County Common Pleas Court.

Aqua Ohio had been providing the water to Vienna Township, 90 percent of Brookfield Township and portions of Hubbard and Liberty townships since about 1955 through an agreement with the county.

Aqua extended the contract several times, ending in February 2005. But the county was supposed to give Aqua a one-year notice when it decided to end the contract. Aqua maintained that because there was no timely notice, the contract is effective until February 2015.

The county maintained that it gave the company sufficient notice, and Judge Curran agreed with the county’s position.

Niles, which receives its treated water from the Mahoning Valley Sanitary District, was given the contract to service the 2,800 customers that Aqua had before the switch was made.

An Aqua Ohio spokesperson wasn’t available to comment Thursday.