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Lorain County rescinds and dismisses Brown Ditch Lateral #1 drainage project amid ongoing appeal
Summary
Facing a pending administrative appeal that halted bidding and work, Lorain County commissioners rescinded the 2024 order for the Brown Ditch Lateral #1 drainage improvement in Pittsfield Township and dismissed the original petition, citing changed costs and protracted litigation.
Lorain County commissioners voted June 16 to rescind their September 2024 approval of the Brown Ditch Lateral #1 drainage improvement and to dismiss the original petition for the single‑county drainage project.
The board said an administrative appeal filed by Patrick F. and Meredith S. Tavenner on Oct. 4, 2024 has blocked bidding and construction under R.C. 6131.24(B) and that "the protracted litigation to date" has changed the costs, benefits and advisability of the project. The board adopted Resolution No. 26‑355 and Resolution No. 26‑356, and directed that the petitioner's $1,500 bond be returned.
Commission President David J. Moore moved the rescission and dismissal; Commissioner Marty Gallagher seconded both actions. The resolutions state that the board "heard all the evidence" at a final hearing on Sept. 17, 2024 and that the administrative appeal remains pending, preventing the project from going forward. The board's actions set aside prior orders (Resolution No. 22‑470 and 24‑577) and copy the decision to the County Engineer, the Lorain County Stormwater District and the County Auditor.
The transcript records public comment from Patrick Tavenner II earlier in the meeting asserting procedural and property claims against the county; the board's resolution cites the pending appeal as the reason to rescind the improvement order. No additional funding or new construction schedule was approved at the June 16 meeting.
