Westlake Wins Legal Battle With Cleveland Water

Cleveland OH

22 July, 2020

9:39 AM

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CLEVELAND — A years-long legal dispute between Westlake and Cleveland Water reached a conclusion in the Cuyahoga Court of Common Pleas this week. Judge Michael Shaughnessy sided with the city and against the water system. Westlake and Cleveland Water were battling over when the city could leave the water system and seek a new provider. Cleveland Water argued the city needed to provide five-years' notice before leaving the system. Westlake argued officials signed a year-to-year contract and a five-year notice period was an absurd request. "I appreciate the court interpreting the contract as written," Mayor Dennis Clough said. Cleveland Water is still Westlake's fresh water provider. According to Shaughnessy's decision, previous legal precedent said a one-year contract could not require a five-year departure notice. "Despite the complex nature of separating water systems, the Court is bound by contract law principles that mandate that a one-year contract cannot contain a provision that extends beyond its very terms," Shaugnessy wrote. He then summarized, "the Court finds that reasonable notice for termination of the Water Service Agreement is one year." Westlake Law Director Michael Maloney celebrated the decision. "Westlake has for years agreed to the very terms the court has set forth in its order. Cleveland would never agree to the simple, obvious solution arrived at by the court," Maloney said. Maloney argued Westlake officials repeatedly reached out to Cleveland leaders, only to be rebuffed. He said he expected an appeal to Shaugnessy's decision shortly. "It is disturbing to have witnessed the money wasted by Cleveland on this case. I gave up trying to understand who has really been in charge of this litigation at their end. Westlake has reached out repeatedly to put an end the madness. Cleveland's attorneys have always rejected our efforts," Maloney said. The court's full decision has been posted online.