Zipline attraction can cross Little Miami River, judge says
Zipline attraction can cross Little Miami River, judge says
Dayton Daily News
By Ed Richter, Staff Writer
Wednesday, March 23, 2011
LEBANON A judge has ruled against an environmental group that wanted to stop the expansion of a zipline attraction across the Little Miami River in Warren County.
Warren County Common Pleas Judge Robert Peeler said the YMCA of Greater Dayton did not violate a conservation easement agreement with Little Miami Inc. and also denied a permanent injunction barring the installation of the ziplines.
The Little Miami River watchdog group claimed the new zip lines would harm the natural integrity or state of the easement property.
The Y, which owns Camp Kern and the Ozone Outdoor Adventures, filed a counterclaim that the conservation easement did not grant unrestricted aerial rights to Little Miami Inc. or gave the watchdog group the authority to prohibit the installation of the ziplines over the easement property.
Jeff Merhige, Camp Kern director, said construction on the project will remain on hold as there is a possibility that Little Miami Inc. may appeal the decision.
Were really thrilled with the decision, he said. We look forward to moving on with the expansion.
Im so excited about this, Merhige said. I think it will be great for the community, Warren County, the kids and the YMCA to provide another outdoor education experience. When all of this is completed, it will help more school districts to have field trips, which has been our No. 1 goal.
Merhige said revenues from the zipline attraction goes to keep costs down for the camps traditional outdoor education programs for more than 22 school districts.
YMCA Camp Kern officials announced Nov. 10 that the attraction would add two 1,500-foot long lines that would take visitors 200 feet over the river and connect to a tree platform at Fort Ancient State Memorial. These are the first lines planned to go across the river since the attraction installed its first lines about 23 months ago.
Little Miami Inc. filed its lawsuit Nov. 22 in Warren County Common Pleas Court that sought an injunction, temporary restraining order and preliminary injunction stopping the proposed zipline expansion scheduled to start in December for an April 1 opening.
Little Miami Inc., a nonprofit that protects and restores the river corridor, contends the 17.42-acre conservation easement it bought from the YMCA for $62,863 in July 2007 does not permit transmission lines over the river easement. Little Miami Inc. and the Warren County Soil & Water Conservation District jointly own the conservation easement, according the lawsuit.
The watchdog group also claimed that like a transmission line that transmits electricity, the zipline is a transmission line for people. In addition, the suit says the new lines would damage the natural integrity of the river corridor.
The deed to the easement also requires written permission from the property owners. Little Miami Inc. also said the organization, as well as third parties, would suffer irreparable harm without the injunction.
In its complaint, Little Miami Inc. said the National Park Service advised the Ohio Department of Natural Resources that it recommend against the new ziplines because the intrusion would significantly impact the river corridor.
A message was left for the attorney representing Little Miami Inc. on Wednesday morning seeking a comment.
The Ozone Zipline has had more than 14,000 riders since it opened in July 2009. The zipline offers riders a chance to hang suspended along 5,000 feet of line, moving 175 feet in the air at nearly 30 mph. The new lines would become the longest of the ride.
Contact this reporter at (513) 696-4504 or erichter@coxohio.com.