Ohio Supreme Court: HOAs can appeal multi-county drainage projects
A unanimous court held an HOA may challenge a joint county ditch project at the first available stage.
The Supreme Court of Ohio ruled on July 22 that a homeowners association may appeal a multi-county drainage improvement plan immediately after the first hearing held by a joint board of county commissioners — without waiting for later stages of the proceedings.
The unanimous decision in Colt's Neck Homeowners Assn. v. Franklin Cty. Bd. of Commrs., Case No. 2025-0693, arose from a proposed $3.2 million improvement to Cole Ditch intended to relieve stormwater flooding. In April 2023, a landowner and the Jefferson Township Board of Trustees petitioned the Franklin County commissioners to improve the ditch's drainage; because the project affected land in more than one county, a joint board of Franklin and Licking County commissioners voted to move it forward.
The Colt's Neck association, whose Licking County community sits in the affected watershed, appealed to the common pleas courts in both counties, alleging procedural deficiencies. The two appellate districts split on whether those appeals could proceed — the Fifth District dismissed the Licking County case, while the Tenth District allowed the Franklin County case to continue.
What the court held
Resolving the split, the Supreme Court explained that under R.C. Chapter 6133, which governs joint county ditches, any affected landowner may appeal to the court of common pleas any order issued by a joint board of county commissioners — including the initial order finding a project necessary. Associations that own or represent affected land do not have to wait for a final assessment before going to court.
Why it matters for associations
Special-assessment drainage projects can place meaningful costs on community associations and their members. This decision confirms that Ohio associations have standing to raise procedural objections early, when a challenge can still shape — or stop — a project, rather than only after costs are fixed.
Sources: Court News Ohio; opinion via Justia.