COLUMBUS, Ohio — The Ohio Supreme Court has ruled that a Licking County homeowners association can move forward with its legal challenge to a proposed $3.2 million drainage improvement project before engineering plans and property assessments are finalized.
In a unanimous decision, the Court determined that the Colt’s Neck Homeowners Association has the right to appeal a joint decision by the Franklin and Licking county commissioners to proceed with the proposed Cole Ditch improvement project.
The project, introduced in 2023, is intended to reduce stormwater flooding along Cole Ditch, which runs through both counties. Current estimates place the cost at approximately $3.23 million, with expenses expected to be shared among local governments and property owners within the watershed.
The homeowners association argued that some affected property owners were not properly notified before the commissioners approved moving the project forward. While lower courts issued conflicting rulings on whether the appeal could proceed, the Supreme Court concluded that Ohio law allows affected landowners to challenge orders issued during the project’s early stages.
The Court also ruled that the homeowners association qualifies as an affected landowner because it owns common property within the watershed that could be impacted by the proposed improvements.
The case will now return to a panel of judges from Franklin and Licking counties for further proceedings.
