Cases & Deals

Portage County, Ohio and others wage water rights lawsuit against the City of Akron

Clients Portage County Board of Commissioners, Cities of Kent, Cuyahoga Falls, Munroe Falls and Village of Silver Lake

After the City of Akron, Ohio, constructed a reservoir by damming the Cuyahoga River, the reduced river flow resulted in stringent permit limitations for the wastewater treatment plants operated by Jones Day clients Portage County Board of Commissioners and the Cities of Kent, Cuyahoga Falls, Munroe Falls, and the Village of Silver Lake. The dam also damaged the aesthetics and fishing in those clients' parks. Akron also laid claim to all surface water and aquifers in a three-county area in an attempt to create a regional monopoly for its water department. We filed suit to enforce our clients' right to use the streams and aquifers for their water supplies and to require Akron to release a constant flow from its dam. The Ohio Supreme Court ultimately ruled that the current flow of the Cuyahoga River in Portage and Summit counties below the Lake Rockwell dam must be maintained, a decision that avoids the need for operators of sewage treatment plants along the Cuyahoga, including Portage and Summit counties and the cities of Kent and Ravenna. to make costly state-mandated improvements to the plants.

Portage County Board of Commissioners, et al., Plaintiffs, v. City of Akron, et al., Defendants, Case No. 98-CV-000325 (Court of Common Pleas, Portage County, Ohio), Case No. 2004-0783, 11th District Court of Appeals (Portage County)

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