Purpose of septic company's lawsuit has expired

SANDUSKY — A local septic tank company's 2024 lawsuit against the Erie County Health Department has been resolved, as the judge ruled that the legal matter is now moot as the issue it addressed has expired. But the legal battle between Father & Son Septic Services, of Wakeman, apparently will continue, as the company filed a new lawsuit this year. Last year, after the health department discovered that Father & Son Septic Services has been dumping raw sewage on a farm field in eastern Erie County, the health board revoked the company's ability to do business in Erie County. The company responded by filing a lawsuit. Erie County Common Pleas Court Judge Roger Binette ruled last month that, as the licenses to do business last for only one year and a new one must be sought for 2025, the appeal of the 2024 license denial is moot. "There is no effective relief this court could grant," Binette wrote. The judge said the delay in ruling is due to the company's lawyer, Brent English of Cleveland. "This court notes the delay in this court's ability to rule sooner is directly attributable to the medical condition of appellant's counsel, as he sought and obtained numerous extensions for filing his brief," Binette wrote. The judge added that, if his opinion was still relevant, he would have upheld the health department's ban on allowing the company to install new systems and haul sewage but would have allowed the company to perform maintenance. This year, the health department also banned it from doing business in Erie County. The company filed an appeal in late April, and the matter is before Erie County Common Pleas Court Judge Tygh Tone. The health department has asked Tone to dismiss the suit. In addition, the health board this year turned down an application to do business in Erie County by Family Septic Services, which is owned by Stephen Phillips, the stepson of Father & Son Septic Services owner Jim Coon. An administrative appeal of that decision was supposed to occur at last month's health board meeting, but the matter was delayed because English was ill and could not attend. If the health board upholds its own decision, Phillips could file yet another lawsuit.