Filings in bike trail case reveal disputes over reimbursements
CANFIELD — Though the Mill Creek MetroParks decided not to appeal a November ruling in Mahoning County Common Pleas Court that told the park system it did not have authority to use eminent domain to acquire private property to build the final phase of its bikeway in southern Mahoning County, arguments continue over money.
Attorneys for the MetroParks and property owners whose land was involved exchanged filings recently over who should be first to pay the other party money they believe is owed and other issues.
The MetroParks filed a motion Jan. 23 in common pleas court asking several Mahoning County Common Pleas Court judges to order the return of funds the MetroParks placed on deposit while trying to acquire the rights of way for the bikeway.
For instance, the MetroParks asked one judge to return $120,300 placed on deposit by the MetroParks for the right of way the MetroParks was trying to acquire from property owner Elizabeth Chahine.
Attorney John Dellick, who represents Chahine, responded Jan. 27, stating that weeks earlier, the Chahines demanded reimbursement of their fees, costs and expenses as authorized by Ohio law when Judge Anthony D’Apolito ruled that the MetroParks did not have authority. But instead, the MetroParks filed its request for its deposit money back.
The Chahine filing “requests that the court stay disbursement of the park district’s deposit until the parties reach a resolution of the Chahines’ reimbursement demand.” It states that state law requires the MetroParks to pay the Chahines attorney, witness, expert witness, appraisal and engineering fees, and other expenses.
The Chahine filing noted that after the appeal time for the court ruling expired, the Chahines asked the MetroParks to pay the roughly $70,000 owed to the Chahines, but the MetroParks “did not indicate (in its response filing) that it would honor the reimbursement demand or otherwise provide a substantive response.”
It added that the “amount on deposit in this case first should be applied to fully reimburse Mr. and Mrs. Chahine, and only after that occurs, the remainder be disbursed to the park district.”