Officials to defend favorable judgement

EAST LIVERPOOL - Members of the East Liverpool Board of Public Utilities opted to secure the services of an Akron-based law firm for outstanding litigation against the Buckeye Water District.

During a special meeting Thursday, the board agreed to continue with Black McCuskey Souers and Arbaugh, LPA law firm to represent the city.

A June 21 decision by the 7th District Court of Appeals awarded the city of East Liverpool $4.8 million.

The court indicated the city of East Liverpool did nothing to violate a water contract with the BWD, after the BWD severed the contract. The appeals court said the trial court erred by initially awarding the city $9.7 million.

The Buckeye Water District Board of Trustees met in executive session July 1 for approximately 20 minutes. After the private meeting, the trustees voted to ask the Ohio Supreme Court to intervene in the lawsuit initiated by the city of East Liverpool.

After the private session, the board voted 9-0 to move ahead with the appeal.

During Thursday afternoon's East Liverpool Board of Public Utilities special session, the board opted to defend the award judgment.

"The attorneys kind of anticipate the matter being filed in the first few weeks of August with the Supreme Court," utilities Director Bob Disch said. "They wanted something official to say that they still represent us as we move forward."

According to Disch, the city has spent $191,084.98 in legal fees since the lawsuit against the BWD was first filed in 2005.

The money has come from the Water Department account, and it includes work currently completed. Representing the utility at the Ohio Supreme Court level will come at an additional cost.

Disch and board members opted to not discuss the lawsuit in detail since it is still pending.

"It certainly has been a long drawn-out process," Mary Tambellini, head of the East Liverpool Board of Public Utilities, said.

"I hope we've nearly reached the end of it," board member Fred Rayl added.