by Ellin Walsh
Reporter
Summit County Metro Parks officials hope plans for a $4 million hydroelectric plant at Gorge Metro Park will be abandoned, after a court ruling Sept. 4.
Saying there is no federal jurisdiction in the case, an appeals court has reversed the decision of a lower court concerning the plant.
The United States Court of Appeals for the Sixth Circuit in Cincinnati overturned a ruling by the United States District Court for the Northern District of Ohio in Akron. The district court had given Metro Hydroelectric Co. LLC of Fairlawn access to the Metro Parks, Serving Summit County, for preliminary testing purposes. In its opinion, the appeals court sent the case back to the district court, with instructions to dismiss it "for lack of jurisdiction."
"Obviously, Metro Parks is very pleased with the decision," said its attorney Irving Sugerman, adding, "Metro Parks remains committed to protecting and preserving the great natural resources that are available."
Keith D. Shy, the director-secretary of Metro Parks, Serving Summit County, was unavailable for comment.
Given the dismissal order from the higher court, Sugerman said Metro Parks is hopeful Metro Hydroelectric will abandon the project.
David Sinclair, president of Advanced Hydro Solutions, a subsidiary of Metro Hydroelectric, declined comment at press time, as did Metro Hydroelectric's attorney, Michael McMenamin.
In August 2006, Akron Federal Court Judge John Adams granted a temporary restraining order against the Metro Parks, allowing Metro Hydroelectric LLC to conduct tests on park land.
The decision came after a legal complaint was filed by Metro Hydroelectric, claiming the Metro Parks have blocked access to the park for studies.
Park officials oppose the company's plan to create the power plant in Gorge Metro Park, at 1160 Front St. in Cuyahoga Falls, which the company says it plans to use to divert water from the Ohio Edison Gorge Dam.
The parks system filed a motion in the U.S. Court of Appeals for the Sixth Circuit, seeking to suspend Adam's ruling. The Sixth Circuit granted that request in April 2007.
Metro Parks officials allege the hydroelectric project would lead to the construction of roads, destruction of old growth forests, the loss of animal habitats and the destruction of park aesthetics.
History of the dispute
Metro Parks officials claim Metro Hydroelectric's 2004 easement from Ohio Edison gives the parks rights to the property, based on a deed agreement that had not been in use for almost 50 years.
According to information provided by the Metro Parks, a 1929 deeding of 144.47 acres from a predecessor of Ohio Edison allowed the company's then-existing hydroelectric station to continue operating and granted the company use of the river.
But in 1958, park officials say, the hydropower operation was abandoned and mostly disassembled, and Metro Parks then further developed the land for public use with full knowledge of Ohio Edison.
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