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Mill Creek MetroParks bike trail property ruling sent back to lower court

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There has been another court ruling in the ongoing battle over the Mill Creek MetroParks fight to continue the 10.6-mile bike trail south from Mahoning County and continue to Washingtonville, a 6.4-mile extension.

MetroParks has been battling attempting to use eminent domain for the 6.4 miles of right-of-way through property owned by 12 property owners, including Thomas Hough, who had a 2021 judgment vacated Friday.

According to the Court for Appeals of Ohio, Seventh Appellate District, Hough - who was awarded $68,975 by a jury, $6,000 more than what the Park Board had been offering in 2021 - appealed that decision.

The appeal was granted, stating that the trial court erred in its ruling, as it was Hough's property that was at issue, not the compensation amount.

Metroparks has attempted to extend the bike trail along the vacated Conrail tracks since late 2018, when Mill Creek notified owners of its intent to complete phase III of its planned bike trail extension.  Since then, there have been multiple legal challenges to the proposed bike path all the way to the Ohio Supreme Court.

The reversal was based on the Hough appeal asking for the court to allow him to amend his his answer provided in 2019, stating the trial court erred in failing to address his arguments and in the denial to reopen the case.

The judgment has been vacated and will be directed back to the Mahoning County Common Pleas Court.

 

 

 

 

 

 

 

 


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