If the dam failed, the lawsuit claims its spillways would direct floodwater toward a day care center, the strip mall and eight homes located downstream.
Mediation failed to settle the dispute over who owns and should pay to fix or eliminate the dam, satisfying an order of the Ohio Department of Natural Resources (ODNR).
“We attempted to resolve the matter in mediation on March 3, but it was unsuccessful,” said Dominic Binkley, public Information officer for the Ohio Attorney General’s Office, representing ODNR.
Binkley declined to answer further questions, because the case is pending.
RELATED:Springboro dam lawsuit moves toward settlement or trial
Last month, HOA lawyer Scott Oxley turned over evidence sought by MCS after Sandner urged the judge to fine Oxley for failing to comply.
“My client is disappointed that the homeowners association has not been more actively involved in addressing the ODNR,” Sandner said, adding he was still reviewing Oxley’s submission.
“It was not what I expected to receive,” he said.
Oxley said he wasn’t authorized to speak for the HOA. Efforts to reach the HOA board have been unsuccessful.
Sandner said MCS was seeking cost estimates for satisfying the state, while expecting to get compensation from the neighborhood association.
“The order needs to be complied with,” Sandner said. “We’re ready to finalize an agreement with an engineer.”
Otherwise, a three-day trial is scheduled in November.