Mary Alice Reporting – Both sides stated their case about documentation for a lawsuit related to a major road slip on Waterworks Hill Road (County Road 37).
Repairs are estimated at $2.8 million to fix an estimated 1400 feet stretch of a Mill Township road that has been closed since 2020.
Appearing Monday, in Judge Elizabeth Thomakos’s courtroom for a motion to compel, representing Akron Building and Outdoor Maintenance Inc. and Enviroscience, Attorney Greg Degulis explained that they had not received all documents related to the roadway that has a long history of trouble, as indicated by resident complaints going back to 2010.
One area in question regards a mining project done through the Ohio Department of Natural Resources.
“We’d like a complete copy of the ODNR-related documents from the county. One of the remarkable things about the production is the lack of emails. The other thing that is so remarkable is the lack of internal communication within the engineer’s office. No interval emails about County Road 37.”
For the plaintiff, Owen Rarric noted that all relevant documents from Tuscarawas County have been produced, more than 1200 pages, and they are providing what is available. They also argued that the mine project has no significance on the current slippage.
“As your honor knows, this case is based on extensive damages that occurred on County Road 37 following a low-head dam removal by defendants in October 2020. The County’s produced what it has, communications, drawings, plans, correspondence with ODNR.”
The County’s lawyers also explained that some documents may not exist anymore as some communications are not required to be kept for a lengthy time period.
In rebuttal, Degulis said that the mine work was relevant as it is on the same roadway and added that there should be extensive communication between contractors and the Tuscarawas Engineer’s Office, which have not be provided.
An attorney for the Twin City Water and Sewer District was also present in the courtroom.
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