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Appeals judges back Summit Metro Parks in hydroelectric dispute
By Bob Downing
Beacon Journal staff writer
Published on Friday, Sep 05, 2008
The U.S. 6th Circuit Court of Appeals has backed Metro Parks, Serving Summit County, in its dispute with a Fairlawn company that wants to build a hydroelectric project in Gorge Metro Park.
The Cincinnati-based court on Thursday ruled that there is no federal jurisdiction in the access dispute between the park district and Metro Hydroelectric Co. LLC.
In 2006, the company sued the parks in U.S. District Court in Akron after the park district refused to allow access to the park.
Judge John Adams allowed the company limited access to the park between Akron and Cuyahoga Falls for preliminary tests.
The park district appealed that decision.
The appeals court overruled Adams and said the case should be returned to Akron for dismissal.
Attorney Irv Sugerman said the park district was pleased by the decision and feels that it is in a better position to preserve the Gorge park.
Company President David Sinclair declined to comment about the ruling.
Metro Parks, Serving Summit County, opposes to the hydroelectric project at the 57-foot-high Ohio Edison Co. dam on the Cuyahoga River.
The hydroelectric project came under heavy fire from local municipalities, government agencies and environmental groups.
By refusing access, the park district blocked the company from proceeding with tests required before it can win approval from the Federal Energy Regulatory Commission.
Metro Hydroelectric has said it has a valid right to use the dam and the parkland because of easements granted in 1929 to Ohio Edison and later transferred to the company.
Bob Downing can be reached at 330-996-3745 or bdowning@thebeaconjournal.com.
The U.S. 6th Circuit Court of Appeals has backed Metro Parks, Serving Summit County, in its dispute with a Fairlawn company that wants to build a hydroelectric project in Gorge Metro Park.
Get the full article here.
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