LORDSTOWN, Ohio - Editor's note: The story has been modified to reflect the ruling was decided by the Ohio Power Siting Board

A complaint against the construction of a power plant in Lordstown has been dismissed with prejudice at Thursday afternoon's Ohio Power Siting Board meeting.

The Siting Board voted for the complaint to be dismissed immediately as the meeting began with the board stating that they found "no reasonable grounds" to initiate an investigation.

This means that construction of the power plant can go on as planned.

During a discussion on the dismissal, Senator raised some concerns with this decision citing multiple news reports on the complaints including previous coverage from 21 News back in August citing a line about how Clean Energy First and the Trumbull Energy Center site manager not getting back to us.

"I'm concerned that the Trumbull Energy Center could be in violation of the Ohio Power Siting Board certificate, seems to be in violation of the zoning laws of the village and if nothing else is perhaps not being a good neighbor, as they're not responding to some of the village's concerns," Senator Smith said.

OPSB judge Nicholas Walstra addressed Senator Smith's concerns.

"Procedurally I think we have to find a violation of the certificate. In terms of the zoning, there's nothing specific in the certificate that pertain to the zoning," Judge Walstra said.

"The parts that zoned residential [areas] is the southern portion of the footprint, which is a temporary laydown area, so by nature it would just be temporary ... The actual facility itself would not be zoned on any residentially zoned area, so procedurally, that's where we don't see a violation," Judge Walstra said.

Judge Walstra continued that a lot of those concerns have been addressed and that moving forward the facts are "rather uncontested" in terms of the zoning issues.

You can watch the whole hearing here.

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