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Lake Brady Association to sue Kent over water

By Deborah Guziak Record-Courier staff writer Published: March 12, 1998 12:00 AM

BRADY LAKE _ The Lake Brady Association will refile a lawsuit against Kent, alleging the city drilled into the village's aquifer.

"The city of Kent went under Lake Brady and drilled into our aquifer," said Les Bennett, president of the association, at a village council meeting Wednesday.

Village Solicitor Tim Ludick said he had confirmed that a lawsuit will be filed with the association's lawyer. The village previously said it would give its support if the association filed such a lawsuit.

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Ludick did not comment further on the lawsuit, stating because it is pending, there are many things that need to be done. However, the association only has until Friday to refile the lawsuit.

A previous lawsuit, filed in 1992, contended water being taken from the village's aquifer by Kent was not being recharged by Breakneck Creek. Many village residents complained their wells had gone dry, and the association complained the water level of Lake Brady had gone down considerably. The lawsuit was dismissed in March 1997.

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According to the March issue of the Brady Lake Runoff, a publication from the association, Lake Brady used to have a continuous overflow into Breakneck Creek. Lake Brady has not overflowed since 1976.

Breakneck Creek is 1,200 feet south of Lake Brady, Bennett said.

In other business, council voted to approve the vacation of Edmond Drive, a "paper" road that exists only on county tax maps. Vacation of the road, which technically runs between Cox Avenue and Erie Street, was sought by Peter Paino of Paino Construction in Kent. Paino would like to erect three small business buildings at the site.

Although a study of the road revealed it to have no use to the village, a public hearing will be held later.

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