Judge: ODOT must maintain state Route 2 in Amherst per terms of 1963 agreement

A Franklin County judge has ordered the Ohio Department of Transportation to continue maintaining state Route 2 in Amherst as part of an agreement reached more than 60 years ago. Franklin County Common Pleas Judge Kim Brown ruled in favor of Amherst and against ODOT on Thursday. She ordered ODOT to "permanently" abide by a 1963 agreement that requires the state agency to maintain the 4 miles of Route 2 within city limits. Recent changes to state law now require ODOT to recognize the agreement and others like it, attorneys Scott Orille, Anthony Pecora and Patrick Ward of the law firm Gembala, McLaughlin & Pecora argued successfully on behalf of the city. Brown found the Amherst ordinance "constitutional, valid, and enforceable and issued a permanent injunction requiring ODOT to continue maintaining and repairing state Route 2 in accordance with the 1963 ordinance," the law firm said in a news release. ODOT must continue to pay the maintenance costs minus the $2,000 Amherst contributes every year. ODOT is reviewing the decisions, spokesman Matt Bruning said Monday. "Because the litigation remains ongoing, we cannot offer any further comment," he said. Amherst Mayor Mark Costilow "worked tirelessly to enforce the Amherst ordinance and to protect the safety of motorists on state Route 2," city attorneys said. That included working with state lawmakers to amend state law, which now requires any agreements made by the former state Department of Highways be binding on ODOT, city attorneys said. State law now says: "Any written agreement for street maintenance and repairs, including maintenance and repairs of a state highway located within a municipal corporation, that was entered into by the Ohio (D)epartment of (H)ighways is binding on any of its successors," including ODOT, effective July 1. ODOT informed Amherst in December 2023 that it would no longer maintain Route 2 within city limits. That included removing snow and ice, "thus risking motorist safety," according to Amherst's attorneys. Amherst sued ODOT in June 2024, asking the Franklin County court to enforce the 1963 agreement. The state Department of Highways, ODOT's predecessor, was looking to extend Route 254 westward through Lorain in the 1960s, according to court documents. Lorain objected to the route so the Department of Highways approached Amherst. Amherst also rejected the route due to the costs involved, concerns about displacing property owners and future development and growth considerations. The city and Department of Highways reached an agreement for Route 254 to be extended through Amherst from Route 58 to Baumhart Road, becoming the new Route 2. The city and state signed the agreement, which required the state to maintain and repair Route 2 within city limits. Amherst agreed to pay the state $2,000 annually, to own all streets and municipal utilities over or under the highway and to work with the state to relocate any displaced residents. In a December 2023 letter, ODOT demanded the city make new legislation overriding the 1963 agreement, threatened to stop plowing snow and ice and to cease maintenance after July 1, 2024, if that wasn't done. In a letter that said snow and ice removal and maintenance on state highways within city limits "are placed by law on municipal corporations," ODOT Chief Legal Counsel Paul Russell said his agency would revisit its decision if Amherst signed new legislation and compensated ODOT for the actual cost of the services it provides. ODOT claimed in court filings that it costs $86,800 per year to maintain and repair Route 2 in Amherst. Costilow previously said ODOT demanded a new agreement and that Amherst pay $170,000 annually for the work — though it wasn't clear why there was a difference in those two numbers. Negotiations didn't work out, and the city got a restraining order and injunction in November forcing ODOT to continue maintenance while the case went to court. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com