Dover Chemical scores a legal victory against city of Dover
DOVER (WJER) (April 8, 2024) – Dover Chemical Co. has won its $1.1 million lawsuit against the city.
Dover had penalized the company that much, accusing it of improperly receiving free services and equipment from Dover Light and Power for decades.
Dover Chemical sued back in 2021 and the city counter-sued the next year.
Last week, Tuscarawas County Common Pleas Court Judge Elizabeth Thomakos ruled the city’s surcharge against Dover Chemical is “discriminatory” and “unenforceable.”
Dover Chemical Interim President Marc Nolen says the company is ready to focus on business.
“Dover Chemical is pleased with the judge’s decision. We’re ready to put this issue behind us and move forward,” he said.
Thomakos did rule in the city’s favor in dismissing some of Dover Chemical’s claims, including one that challenged the way the city operates Dover Light and Power.
The city’s attorney Dolores Garcia provided a written statement:
“The City was pleased that Judge Thomakos rejected Dover Chemical’s challenge to the City’s ability to provide service to extraterritorial customers. The City will continue to provide reliable, quality service to all its electric customers whether located within or outside the Dover City limits. Nevertheless, the City is disappointed that the ruling seeks to limit the City’s ability to set rates for extraterritorial customers beyond the limits that already exist in Ohio law. The City continues to believe that it acted properly and within all legal and constitutional constraints in passing the surcharge and is currently evaluating all legal options on how best to defend its proper exercise of legislative authority in the pending litigation and going forward.”
Thomakos ruled many of the city’s allegations against Dover Chemical would have happened too long ago to be enforced today.
Thomakos dismissed all of the city’s complaints and most of the company’s complaints, except the one that decided who gets the money.
In her ruling, Thomakos said that DCC is entitled to the immediate return of that $1.1 million, which the court had been holding during the legal proceedings.
Thomakos ruled both sides must pay their own legal costs. For Dover, that’s more than $500,000.