Residents sue Fremont over dam

FREMONT – Three city residents sued the city Tuesday in the Sixth District Court of Appeals and are looking to put the decision of the Ballville Dam’s removal to voters in a November referendum.

The writ of mandamus complaint was filed against City Auditor Paul Grahl and argued that the Fremont City Council’s 4-3 decision in 2014 to remove the dam was legislative in nature and subject to referendum under the Ohio Constitution and applicable statutes.

It requests that Grahl immediately transmit a referendum petition to the Sandusky County Board of Elections.

Andy Mayle of Mayle, Ray & Mayle sent City Law Director Jim Melle a letter last week on behalf of clients Clemens J. Szymanowski and Dennis Dumminger. In the letter, Mayle referenced Fremont City Council’s 4-3 vote to remove the dam and a subsequent referendum petition directed toward the city’s demolition ordinance.

Mayle argued that the petitioners complied with Ohio Revised Code and submitted the petitions in a timely fashion to Grahl, with the number of signatures well exceeding minimum requirements under state law.

He said Grahl’s role in the matter was ministerial and not discretionary, and cited Ohio Revised Code 731.29 in his letter to Melle.

Kathie M. Collins, another Fremont resident, joined Szymanowski and Dumminger in the complaint filed Tuesday.

The city decided not to send the Ballville Dam referendum petition to the county board of elections in December 2014, with Mayor Jim Ellis, Grahl and Melle citing state law and asking dam removal opponents to accept the city’s decision to remove the dam.

Ellis, Grahl and Melle stated at the time that Fremont City Council had passed multiple ordinances for the dam project, and the ordinance approving removal was not the first one required to be passed in association with the public improvement.

dacarson@gannett.com

419-334-1046

Twitter:@DanielCarson7.