EORWA Files Countersuit Against Martins Ferry

MARTINS FERRY - A small claims court lawsuit for $3,606 levied by Martins Ferry resident John Davies against Eastern Ohio Regional Wastewater Authority has led to the utility filing a countersuit against the city of Martins Ferry.

Davies, who is mayor of Martins Ferry, filed his suit in July, claiming EORWA unfairly billed him because he did not have water service at two properties that were billed. In his suit, Davies does not mention being mayor of the city of Martins Ferry or the suit having anything to do with the city.

City Law Director Paul Stecker declined to comment on the countersuit, saying he could not comment on pending litigation.

According to a copy of EORWA's countersuit filed Wednesday in Belmont County Northern Division Court in Bellaire, the utility claims that because Davies is mayor of the city he is violating contracts between EORWA and the city by filing a suit.

"Plaintiff John R. Davies is the mayor of the city of Martins Ferry, Ohio, and as such he is not two persons, the mayor, an elected public official, and a private individual person, for the purposes of his knowledge, duties, loyalties and responsibilities as an elected public official," the countersuit claims.

The countersuit names Davies, as mayor of the city, as defendant, and members of Martins Ferry City Council and the city itself as third-party defendants.

The countersuit alleges that Davies, at first, did not comply with a directive to cap sewer pipes at two of the properties but later did so. And it claims that he, at first, was delinquent in paying some sewer bills but has since done so.

The countersuit also claims Davies has no legal right to a refund for money he owed to the utility. EORWA also claims it is owed an additional $25,000 for its litigation costs and expenses.

EORWA denies it unfairly billed Davies.

"It admits these buildings have no water services at this or any time of billing. ... However, it states these buildings still had residential sewer service which until recently had not been discontinued under EORWA's Sewage Rate Resolution. Accordingly, these buildings still had an ongoing EORWA sewage bill due and payable to EORWA," the countersuit notes.

Davies declined to comment on the countersuit.