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DASH files appeal in sewer fight

The group trying to halt the sewering of Devola homes is appealing a judge’s decision to deny their request for intervention.

Devola Against Sewering Homes (DASH) attorney Greg DeGulis said he has filed a notice of appeal in the common pleas court and a supplementary motion will be filed today. The supplementary notice will direct the court to send records regarding the case to the court of appeals. The appeal had to be filed by Friday.

“That should complete the notice of appeal filing,” he said. “Once everything is transferred, we will get a briefing schedule from the court of appeals.”

In the meantime, DASH is busy raising funds for the appeal process, which will cost between $15,000 and $20,000.

“We’ve been doing fundraisers and moving closer to the goal day by day,” said DASH President Drew Whittaker . “We’ve had a total of over 100 households that have donated. We’ve had 15 to 17 new people this go-round, which is good.”

All funds raised are used to pay DeGulis’ fees, he said.

DASH is made up of residents who oppose the Devola sewer project, which will affect approximately 550 households using either drywall disposal systems or septic tanks for wastewater. The original court order by the Ohio EPA required the county to provide sewerage connections to 62 homes on Lawton Road by the end of this year, with the remainder of the community to be connected by 2025.

DASH filed a motion to intervene to stop the court order, which was denied in March.

In the denial of the motion to intervene, Common Pleas Judge Linton Lewis said the “Devola sewering issue has been well-known to members of the Devola community for a number of years, and even before this suit was filed. The original parties herein have expended funds for several years prosecuting the case at bar and working toward a resolution. The Defendant Board of Commissioners have entered into a contract for over $500,000 for the design and construction of the sewer project.”

He also noted that DASH has not established any unusual circumstances that require an untimely intervention as injunctive relief had been granted more than 15 months ago and the parties are coordinating to comply with the court’s order.

“Judge Lewis denied the request for intervention and we’re appealing the decision,” Whittaker said. “Our hope is that the Fourth District of Appeals is going to look at our appeal and we hope that they will overturn his decision and allow us to get our day in court.”

He said those residents he has talked to don’t seem to be saving for money to sewer in case DASH is not successful.

“I think a lot of people are upset because they won’t be able to afford it,” Whittaker explained. “We’ve been given a $20 or $25 check from people on a fixed income. They can barely afford this, but they want to help. Those are the people that are the most hopeful (about the appeals process).”

Michele Newbanks can be reached at mnewbanks@mariettatimes.com.

At a glance:

•The group trying to halt the sewering of Devola homes will appeal a judge’s decision to deny their request for intervention.

• DASH is raising money for the appeal process, which will cost $15,000 to $20,000.

• Notice of appeal has been filed and supplementary motion will be filed today in court of appeals.

Source: Devola Against Sewering Homes.

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