Warren Trustees to discuss options after Leavittsburg Dam removal lawsuit dismissed

Warren Township Trustees will be meeting Thursday to go over their options now that a Trumbull County Common Pleas Court judge has dismissed a lawsuit filed by the township and the Trumbull County Board of Commissioners that sought to halt the planned removal of the Leavittsburg Dam on the Mahoning River.

Judge Ronald J. Rice issued a judgment entry granting Trumbull County Metroparks' motion for judgment, finding that the plaintiffs lacked standing to bring the lawsuit.

The lawsuit also sought a preliminary injunction to prevent the Metroparks from proceeding with the dam removal until December 2027, citing concerns about potential riverbank instability, damage to roadways, exposed sewage, and other issues.

Metroparks, which owns the low-head dam, has been working to remove it as part of the Mahoning River Corridor Revitalization Plan, a project aimed at restoring the river to a natural, free-flowing state. The removal is funded by over $4.8 million in grants from state environmental agencies.

In his ruling, Judge Rice noted that a report commissioned by the commissioners and trustees regarding potential negative impacts did not consider the mitigation efforts planned by Metroparks' contractor.

Regarding concerns about exposed septic systems, Judge Rice wrote, "This sewage discharge will not be created by Defendant's removal of the Dam - it is already happening... Returning the river to its natural depths by removing the Dam is merely making such discharge more noticeable."

Even if the plaintiffs could have proved that they had standing in the case, Judge Rice stated that he would have denied the request for a preliminary injunction. He found that the plaintiffs did not demonstrate a substantial likelihood of success on the merits, irreparable injury, unjustifiable harm to third parties, or that the public interest would be served by delaying the removal.

The court highlighted the years of planning and funding secured for the dam removal, as well as its role in the broader river revitalization plan. Delaying the project, the judge noted, could harm grant funders and the contractor hired for the work.

The Trumbull County Commissioners had previously stated they were neutral on the dam debate, while Warren Township officials and some residents expressed concerns about the potential consequences of the removal at a community meeting in April.

Commissioner Tony Bernard told 21 News he personally doesn't want the dam removed. 

“I'm skeptical of what may happen if the dam comes out,” Bernard said. “If the roads going to erode, if the bridge is going to collapse.”

According to a preliminary schedule, the dam removal was expected to formally begin in August, but the Metroparks Board agreed to halt the schedule until June 1.

Judge Rice’s order could still be appealed within 30 days by either the commissioners or trustees.

“Every move we make, it just costs more in attorney fees so we want to know that we are both together in this if we are going to move forward, that we are united,” Commissioner Rick Hernandez said.

Warren Township Trustee Ed Anthony says a decision has not been made on whether or not the township will appeal this ruling, but a special meeting has been scheduled for Thursday morning to discuss options going forward.

Commissioner Denny Malloy said the park board has been unwilling to sit down with them and discuss other options. 

"There are alternatives going around the dam portage, there are rapids and rip wrap that we can do over the dam that would make it fun for people to go across down the rapids."

The park has long said the dam needs to be removed because it's a drowning hazard. 

21 News reached out to the park board to see if or when work will continue and did not hear back.