Victory for Amherst and Mayor Mark Costilow

Congratulations to the City of Amherst and Mayor Mark Costilow.

On July 3, 2025, Attorneys Scott Orille, Anthony Pecora, and Patrick Ward from the law firm of Gembala, McLaughlin & Pecora obtained a judgment from the Franklin County Court of Common Pleas in favor of the City of Amherst against the Ohio Department of Transportation enforcing a 1963 City of Amherst Ordinance which requires ODOT to maintain that portion of State Route 2 within the Amherst boundaries at ODOT’s cost, except for $2,000.00 annually contributed by Amherst.

The 1963 Ordinance is consent legislation that enabled the Department of Highways, which is the predecessor to ODOT, to construct State Route 2 through Amherst. In exchange for Amherst’s consent to the new state highway, the Department of Highways agreed to maintain and repair State Route 2 at its cost except for the $2,000.00 annually paid by Amherst. In December 2023, ODOT refused to continue maintaining and repairing State Route 2 in accordance with the ordinance, including performing snow and ice removal thus risking motorist safety, and the City of Amherst sued to enforce the ordinance. In November 2024, Amherst successfully obtained a Temporary Restraining Order and Preliminary Injunction requiring ODOT to continue maintaining State Route 2, including proper snow and ice control. Today, the Court found the Amherst ordinance to be constitutional, valid, and enforceable and issued a Permanent Injunction requiring ODOT to continue maintaining and repairing State Route 2 in accordance with the 1963 ordinance.

Mayor Costilow worked tirelessly to enforce the Amherst ordinance and to protect the safety of motorists on State Route 2, including working with the Ohio General Assembly to enact amended Ohio Revised Code Section 5521.01 that was signed into law by Governor DeWine as part of the Transportation Budget Bill, which makes agreements for highway maintenance and repairs entered into by the former Department of Highways binding on ODOT.  Job well done Mayor Costilow!

About the firm: Gembala, McLaughlin & Pecora Co., LPA was founded in Lorain County, Ohio in 1931, and while its attorney’s practice on matters throughout the State of Ohio and nationally, GMP remains headquartered in Lorain County. In addition to its Municipal Law Practice Group, the Firm also serves many other industries, including agriculture, public school law, nonprofit organizations, food and beverage, professional services, entertainment, commercial and corporate transactions, real estate, land use, and zoning, water and wastewater, construction, estate planning and probate, eldercare, business succession planning, and matrimonial controversies.

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