Rock removal appeal dismissal approved by appellate court

A judgment refusing to hear an appeal by a Carroll County Common Pleas Court judge regarding a property right-of-way dispute has been affirmed by the Seventh District Court of Appeals. 

In an 11-page opinion and judgment entry, the appellate court upheld the judge’s dismissal of an administrative appeal filed Nov. 7, 2024, by Mark Spencer of 4254 Lunar Road, Minerva, against the Harrison Township Board of Trustees, located at 2258 Waynesburg Road NE, Carrollton. The dismissal was issued by Carroll County Common Pleas Court Judge Michael V. Repella II. 

The appeal was filed after the court found that a trustees’ resolution dated Sept. 2, 2024, directing Spencer to remove all stones, rocks or boulders placed or maintained within the right-of-way of Ruby Road and Lunar Road was legislative in nature and not subject to the court’s jurisdiction. As a result, the court determined it did not have the authority to hear Spencer’s appeal.