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Summitville lawsuits settled and dismissed

LISBON — Cases filed by Summitville entities against each other, involving the same family, over leased property and mining rights, have been settled and dismissed.

Summitcrest Holdings, owned by Fred H. Johnson III, also known as Sam, and Elizabeth J. Johnson Trust, both of Acker Road, Summitville, filed a lawsuit against Summitville Tile, operated by Sam Johnson’s cousins, David and Bruce Johnson, who are brothers. Summitville Tile filed a lawsuit against Summitcrest Holdings and the Elizabeth J. Johnson Trust. Both cases were filed in 2020.

The dispute involved leases of various land and whether Summitville Tile had the leases, rights and permits from the Ohio Department of Natural Resources to mine certain parcels for clay and shale for the business. Claims also questioned whether mining activities were being properly conducted, including if industrial waste and scrap dumping was being done on the Summitcrest Holdings parcels. Summitcrest Holdings questioned whether reclamation efforts were being properly done on some of the leased land.

Allegations in both of the lawsuits included breach of contract and a trespassing accusation on the properties in question.

Summitcrest Holdings was seeking money for damages in excess of $25,000, a ruling on the validity of leases and an injunction against the allegedly unauthorized dumping of industrial waste.

Summitville Tile also was requesting damages in excess of $25,000 for alleged interference of their business operations and trespassing, a temporary restraining order and injunction, as well as a declaration about the leases, including as to the reclamation of property and timetable involved in that.

The case was handled by retired visiting Judge H.F. Inderlied. No details of the settlement were included in the judgment entry.

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