Ohio Supreme Court: Homeowners Association can appeal water drainage improvement plan
A Licking County homeowners association can challenge a proposed $3.2 million water drainage improvement project after county commissioners from Licking and Franklin counties voted to move forward with the plan, the Supreme Court of Ohio ruled today.
In a unanimous decision, the Supreme Court held that the Colt’s Neck Homeowners Association could appeal a multi-county ditch improvement plan after the first hearing held by county commissioners on the matter.
The Court rejected the proposition that the landowners' lawsuit was premature because the project had not reached the point where plans had been prepared and potential assessments had been calculated.
Writing for the Court, Chief Justice Sharon L. Kennedy explained that under R.C. Chapter 6133, any affected landowner may appeal to the court of common pleas any order issued by a joint board of county commissioners. The decision affirmed the Tenth District Court of Appeals, which allowed Colt’s Neck to appeal the joint board’s order to move forward on the petition to improve Cole Ditch.