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Ziplines to cross river in the fall; appeal dropped

15 July 2011

Ziplines to cross river in the fall; appeal dropped

Dayton Daily News
By Denise G. Callahan, Staff Writer
Updated 3:04 PM Friday, July 15, 2011

OREGONIA — A conservation group will not appeal a court decision that allows adventure ziplines to cross the Little Miami River in southern Warren County.

Two new ziplines at Ozone Zipline Adventure that will soar 200 feet above the river from Camp Kern to Fort Ancient have been on hold, pending an appeal filed by Little Miami, Inc. in April. The environmental group sued the YMCA of Greater Dayton — which owns Camp Kern and Ozone Zipline Adventure — last year, claiming the 1,500-foot long zipline would violate the terms of a conservation easement.

Jeff Merhige, Camp Kern director, was ecstatic that the legal battle has finally ended.

“Its great news, its awesome,” he said.

He said he hopes to start construction on the two lines in August and start running rides in the fall. The goal of the Ozone Zipline Adventure, other than offering a great thrill ride, was to make enough money to hold down costs for schools who take field trips to the camp. He said they are still charging 2008 rates and he has exceeded his original goal.

“We were able to stabilize our first outdoor education program, open a second outdoor education program and then open up outside of schools, to people and families,” he said.

Judge Robert Peeler ruled in March that the zipline did not violate the easement Little Miami, Inc. has with the Y and the group had no authority to prohibit the installation. Little Miami, Inc., a non-profit organization that protects and restores the river, along with the Warren County Soil & Water Conservation District, bought the 17.42-acre easement from the Y for $62,863 in 2007.

Little Miami, Inc. filed a notice they were going to appeal the decision to the 12th District Court of Appeals, but never submitted the actual appeal. The Y and Little Miami, Inc. recently settled the case, according to Little Miami, Inc. attorney Tim Burke.

He said the watchdog group agreed to drop the case in exchange for adopting an agreement that essentially mirrors a pact the Y has with the Ohio Department of Natural Resources that enables them to run ziplines over the bike path. Burke said the group isn’t necessarily happy the lines will run over the river, but they decided continuing the legal battle may have been fruitless.

“It was about the likelihood of succeeding, in part, and the expenses associated with that,” he said. “And the ability to get some of the controls written into the agreement that are similar to what the Ohio Department of Natural Resources has in their license.”

Merhige said the agreement limits the number of lines to two, which was always the plan. He said he believes Little Miami, Inc. was worried they would run multiple lines over the river.

More than 20,000 riders have zipped through the air at nearly 30 miles per hour, along 5,000 feet of line since Ozone Zipline Adventure opened in 2009.