The Licking County Board of Commissioners rejected a petition during its April 30 meeting to vacate a portion of River Road south of State Route 161 because commissioners determined it was not shown to be for the public convenience or welfare.
The decision follows consideration of evidence and testimony from various stakeholders, including representatives from the Ohio Department of Transportation (ODOT), Licking County Area Transportation Study (LCATS), local officials, and residents. The board said that the evidence presented did not result in any level of consensus as to the best solution, with ODOT advocating a design consistent with its petition, LCATS recommending a full closure of River Road at State Route 16, some residents supporting either option, and others recommending leaving the current route in place or suggesting other alternatives, according to its updated agenda on the county's website.
According to the resolution, the commissioners viewed the area on April 28 and held a hearing on that date after notices were published for both events. They considered evidence that included oral statements by an ODOT representative, the county engineer, a township trustee and fire chief, an LCATS representative, interested property owners and written comments received from residents. The resolution said the commissioners felt the burden of proof was on ODOT to show that vacating River Road was "for the public convenience or welfare."
The board also said traffic studies were insufficient as they were not formally entered as exhibits for review. Testimony revealed one study was reportedly more than a decade old and therefore outdated. The board noted it was not presented with statistical documentation regarding accidents on this portion of the road; information provided orally was inconsistent and limited.
Testimony addressed options available for emergency access to State Route 16; however, exhibits attached to the petition did not include those design attributes. As a result, there were no assurances that such measures would be implemented. The board noted that closing River Road could raise concerns for residents if River Road east became impassable.
ODOT conceded that an option for an acceleration lane for motorists turning east from River Road was not fully explored. This left the board unable to consider it as a preferable alternative. The petitioner can appeal the decision; if so, a $3,000 appellate bond is required along with payment of all costs if the appeal fails or is dismissed.
