Lowellville resident sues Poland police chief and sheriff over road violations

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A civil complaint filed in mid-November has brought attention to what one Ohio resident describes as decades of traffic law violations on State Line Road. Gary Deperro, a Lowellville homeowner, submitted a formal petition demanding that local authorities take action against overweight vehicles traveling through his neighborhood. His legal filing names both Poland Township Police Chief Greg Wilson and Mahoning County Sheriff Jerry Greene, arguing that these officials have systematically ignored their duty to enforce state transportation regulations.

The document alleges that waste hauling trucks have been using a roadway not designed to support their weight for more than three decades. This persistent issue, according to the petitioner, has created both infrastructure damage and potential environmental hazards. The complaint raises questions about law enforcement accountability and the responsibility of public officials to uphold traffic safety standards in residential areas.

Legal grounds for the mandamus petition

The petition filed on November 14 invokes a writ of mandamus, a legal instrument used to compel government officials to perform duties required by law. Deperro’s complaint specifically references the Ohio Revised Code, which establishes the fundamental responsibilities of law enforcement personnel. According to his filing, both the Poland Township police department and the Mahoning County Sheriff’s office have failed to enforce weight restrictions that protect local infrastructure.

Documentation provided within the petition indicates that State Line Road carries a Class Two designation according to county engineering standards. This classification establishes a maximum vehicle weight of 17 tons, a limit designed to prevent premature road deterioration and maintain safe conditions for residents. The Mahoning County Engineer’s Office and the County Prosecutor’s Office have both confirmed this designation, lending technical support to the petitioner’s claims.

The complaint estimates that more than 100,000 weight restriction violations have occurred since commercial waste operations began using the route. This staggering figure suggests a systematic pattern rather than isolated incidents. Each time an overweight vehicle travels the road, according to the legal argument, law enforcement officials have another opportunity to enforce existing regulations but have chosen not to act.

Road classificationMaximum weight allowedEstimated violationsPeriod of inaction
Class Two17 tons100,000+30+ years

Environmental concerns and community impact

Beyond infrastructure damage, the petition raises serious environmental concerns related to the nearby landfill operations. Deperro describes the accumulation of solid waste at the disposal site and highlights the presence of leachate, a potentially hazardous liquid that forms when precipitation filters through garbage. This contaminated runoff contains dissolved materials from decomposing waste and can pose significant health risks to surrounding communities.

The petition specifically mentions that leachate runs down the residential road, creating what the petitioner describes as a dual threat. First, the substance could potentially ignite under certain conditions, leading to fire hazards. Second, the chemical composition of leachate may release harmful pollutants into the air, potentially necessitating an area-wide evacuation. These concerns add urgency to what might otherwise be viewed as a purely regulatory matter.

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Leachate typically contains a complex mixture of organic compounds, heavy metals, and other contaminants. Its presence in a residential setting raises questions about environmental protection protocols and whether proper containment measures have been implemented at the waste facility. The petition suggests that the continued use of overweight trucks contributes to road degradation, which in turn may affect drainage systems designed to control hazardous runoff.

Extensive outreach efforts documented

Before filing his legal complaint, Deperro made contact with multiple agencies and organizations in an attempt to resolve the situation through administrative channels. His documented outreach demonstrates a good-faith effort to address the problem without resorting to litigation. The list of contacted entities spans local, county, and state jurisdictions, as well as neighboring Pennsylvania authorities.

The agencies he approached include :

  • Poland Township Trustees and their police department leadership
  • The Mahoning County Sheriff’s Office and County Prosecutor’s Office
  • The Ohio State Highway Patrol Canfield Post Commander
  • The Ohio Attorney General’s Office through the Bureau of Criminal Investigations
  • Pennsylvania State Police and Pennsylvania Department of Transportation

This comprehensive outreach suggests that the resident exhausted alternative remedies before pursuing legal action. The involvement of Pennsylvania authorities indicates that the waste operations may cross state lines, adding jurisdictional complexity to enforcement efforts. The petition implicitly argues that this multi-agency approach yielded no meaningful results, leaving litigation as the only remaining option.

Implications for local law enforcement accountability

The case raises broader questions about enforcement discretion and public safety in small communities. While law enforcement agencies must prioritize their resources, the petition argues that systematic non-enforcement over decades exceeds reasonable discretion and becomes neglect of duty. The legal action seeks to establish that public officials cannot simply ignore repeated violations of established regulations, particularly when those violations allegedly cause harm to residents.

Neither Police Chief Wilson nor Sheriff Greene had provided public comment on the allegations as of the petition’s filing. Similarly, the petitioner himself has not made additional statements beyond the court documentation. This silence from all parties leaves many questions unanswered about the specific circumstances that led to the current situation and whether any enforcement efforts were attempted in the past.

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The outcome of this case could establish important precedents regarding municipal responsibility for traffic enforcement in areas affected by commercial operations. If successful, the mandamus petition would compel the named officials to take specific enforcement actions, potentially affecting how waste management companies route their vehicles throughout the region. The case highlights the tension between commercial transportation needs and residential quality of life in communities where these interests intersect.

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