Home Financial responsibility Judge rejects request to dismiss lawsuit over Summit Street reconstruction project

Judge rejects request to dismiss lawsuit over Summit Street reconstruction project

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TOLEDO, Ohio (WTVG) – A judge has dismissed a request to dismiss a lawsuit amid an ongoing legal battle between the city of Toledo and Block Communications over who is responsible for paying for relocated power lines.

Judge Janet Burnside denied Block Communication Inc.’s request to dismiss the City of Toledo lawsuit and refused a group of citizens to join the lawsuit.

“The Court concludes that the issues raised by Plantiff’s complaint are not moot and Plantiff’s complaint does not fail to set out a claim upon which relief may be granted,” the order of Judge Burnside read.

The city of Toledo is seeking to recoup nearly $ 1 million in spending to relocate Buckeye Broadband utility lines as part of the Summit Street reconstruction project.

Block Communications, owner of Buckeye Broadband, argues the city should be responsible for the cost because it was an aesthetic solution. The city maintains that the project was intended to improve the roadway and not for aesthetic purposes; however, documents obtained by 13abc show that Toledo’s legal director said the city would have to bear the cost of moving utility lines.

Lawyers for the city say the two sides have discussed who will take financial responsibility and that “no deal” has been reached. The city maintains that the municipal code allows them to request payment at any time, even if the project is completed.

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