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WILLIAMS COUNTY COMMISSIONERS: Appeal Of Right-Of-Way Issue May Still Be A Possibility

By Newspaper StaffMarch 14, 2025Updated:March 20, 2025No Comments3 Mins Read
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(PHOTO BY RENEA KESSLER / THE VILLAGE REPORTER)
OPWC GRANTS … Estee Blair, Abby White, and Dennis Miller of Maumee Valley Planning Organization met with the commissioners to discuss the projects that were submitted for this year’s OPWC grant money.


By: Renea Kessler
THE VILLAGE REPORTER
renea@thevillagereporter.com

On Thursday, the Williams County commissioners met to officially sign a resolution concerning a right-of-way issue that has generated significant debate.

In a split decision of 2-1, the commissioners voted not to appeal the Sixth Circuit Court of Appeals’ ruling, which stated that a proposed water line near Pioneer qualifies as a public utility.

The Village of Pioneer has been working to obtain a permit to install a water line and a discharge line within the right of way.


However, this effort has encountered significant obstacles, as the county commissioners have repeatedly denied the permit. Their main argument is that these lines do not qualify as public utilities.

Contrary to the commissioners’ stance, the federal court ruled in favor of the village of Pioneer, a decision that was later upheld by the court of appeals.

Both judicial bodies concurred that the proposed water and discharge lines indeed qualify as public utilities, thus granting the permit sought by the village.


By choosing not to pursue further appeals, the commissioners are upholding the court’s decision, which allows the village to move forward with its installation plans, should the commissioners decide to grant the right-of-way permit.

Westfall mentioned that Lirot had repeatedly stated this was not a public utility, and now Westfall would like to understand what changed Lirot’s position.

Lirot explained that he researched the definition of a public utility by reviewing relevant court decisions and consulting with individuals knowledgeable about public utilities. He also noted that these utilities are regulated by the Public Utilities Commission of Ohio (PUCO).


“This is not under the control of PUCO, do you understand?” Westfall asked. Lirot replied that he did not. Westfall stated that because the entity is private, it is not controlled by PUCO.

Lirot said he would like more discussion and more time to do some more research to which Westfall agreed.

It was stated that the commissioners have until the end of the month to make a final decision on the appeal, but once the appeal date passes the appeal will not be eligible any longer.

While the commissioners have signed the resolution to not appeal, they can still rescind that later if they happen to change their mind.

Other Business
-Discussed OPWC projects with Estee Blair, Abby White, and Dennis Miller of Maumee Valley Planning Organization (MVPO).

-Reviewed Financials with the county auditor.


-Attended Williams County Land Bank Meeting to go over Demo and Revitalization and Brownfield Grant updates with Tetra Tech and MVPO Matthew Wagner.


 

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