BD. OF COMMISSIONERS v. VILLAGE OF LORDSTOWN, OHIO

No. 14-3866.

811 F.3d 226 (2016)

TRUMBULL COUNTY BOARD OF COMMISSIONERS, Plaintiff-Appellant, v. VILLAGE OF LORDSTOWN, Ohio; City of Warren, Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 2, 2016.


Attorney(s) appearing for the Case

ARGUED: Stephen N. Haughey , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellants. Matthew G. Vansuch , Harrington, Hoppe & Mitchell, Ltd., Warren, Ohio, for Appellee Village of Lordstown. Thomas J. Wilson , Comstock, Springer & Wilson, Co., LPA, Youngstown, Ohio, for Appellee City of Warren. ON BRIEF: Stephen N. Haughey , Thaddeus H. Driscoll , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellants. Matthew G. Vansuch , Harrington, Hoppe & Mitchell, Ltd., Warren, Ohio, for Appellee Village of Lordstown. Thomas J. Wilson , Comstock, Springer & Wilson, Co., LPA, Youngstown, Ohio, for Appellee City of Warren.

KETHLEDGE, J., delivered the opinion of the court in which BATCHELDER, J., joined. ROGERS, J. (pg.4), delivered a separate dissenting opinion.


OPINION

Trumbull County has provided sewer service to General Motors' Lordstown Assembly Plant since 1964. In the mid-2000s, the County borrowed $3.4 million from the U.S. Department of Agriculture to maintain and improve the County's sewer lines. That loan obligation triggered the protections of a Kennedy-era...

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