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Published: Thursday, 1/27/2005

U.S. judge nixes Erie landowners' complaint

HURON, Ohio - A federal judge has dismissed a complaint brought by a group of landowners who are challenging Erie MetroParks' construction of a recreational trail on property they say belongs to them.

In a ruling in U.S. District Court in Toledo, Judge James Carr dismissed a complaint filed by the Citizens for the Protection of Property Rights, who own land abutting the Huron River Greenway, a 6.1-mile trail between Huron and Milan in Erie County.

The group argues its members own the former railroad right-of-way and that the park district has no legal right to use the route. Judge Carr ruled that the case before him had no federal matters he could legally review because of a pending suit in state court that addresses the same issues.

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