After court setback, NEXUS pipeline opponents promise appeal

MEDINA COUNTY, OH (WOIO) - There has been another setback for opponents of the NEXUS pipeline in Medina County.

They had failed two previous times to get the County Board of Elections to place a charter issue on the ballot, one that would change the form of county government. But make no mistake, those efforts and a current one are intended to stop the pipeline.

A promotional video shows that the pipeline is a 255 mile gas transmission line stretching from the eastern Ohio through several counties, and on into Michigan.

The charter issue has twice also been rejected by the Secretary of State. Then the Medina County Board of Elections rejected it for the fall ballot for failing to detail exactly what a new form of government would look like. That brought the two sides to Common Pleas Court.

The legal arguments are complex.

"If any provision of the proposed petition contains impermissible sections then the duty is to invalidate the entire provision," Prosecutor Michael Lyon told a judge.

Terry Lodge, the petitioners' attorney, told him specifics can be added after the election.

"They can be asked to carve it up and decide what stays and what would go," he said.

Visiting Judge Peter Handwork peppered both sides with questions. At the end of the 50 minute Tuesday hearing he addressed audience members with a caution: "The way in which it is done procedurally is something that I will have to be guided by as to whether or not this has been, the Board of Elections has acted properly."

After about an hour, Handwork issued his opinion, saying the petition was invalid because it failed to "adequately provide for an alternative form of government," and it "attempts to exercise control over the administration of state and federal law not within the authority of a county to enact."

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