Shaker Heights and Cleveland Heights have hired legal counsel to review the Northeast Ohio Regional Sewer District鈥檚 recent decision not to replace Lower Lake Dam.
The two Cleveland suburbs hired Mark Wallach from the law firm McCarthy, Lebit, Crystal & Liffman to 鈥渃onduct a due diligence review of the decision.鈥�
鈥淟ower Lake is a valued and shared asset, and our collective residents deserve a careful, thorough, and transparent process as we consider its future,鈥� Shaker Heights Mayor David Weiss said . 鈥淏y working collaboratively with Cleveland Heights, engaging specialized expertise, and exploring all possible alternatives, we are ensuring that decisions are grounded in sound information, fiscal responsibility, and a genuine understanding of community priorities.鈥�
The city said there will opportunities for public input in the near future.
Over the summer, the sewer district announced its reversal of an earlier decision to replace the 177-year-old earthen dam, which had been declared unsafe by the Ohio Department of Natural Resources.
The current plan is to remove the dam completely, drain the popular lake on the border of Cleveland Heights and Shaker Heights and replace it with parkland. Doan Brook would be restored as part of the new park.
Wallach will review the storm district鈥檚 recent determination that led to the decision not to rebuild. The review may require technical assistance to review data and analysis by ODNR and NEORSD.
According to a the dam does not provide enough flood control or stormwater management to warrant replacement.
鈥淧re-design鈥� of a reconstructed dam began in 2023, but 鈥渢he Sewer District reviewed the Doan Brook stormwater master plan assumptions鈥� and 鈥渁 new direction emerged.鈥�
The district estimated the cost of a rebuilt dam at $43 million.
鈥淭his is a complex issue with long-term implications for our community and our finances,鈥� Cleveland Heights Mayor Jim Petras said. 鈥淥ur responsibility is to listen, to ask hard questions, and to balance the needs and preferences of our residents with our responsibility to serve as responsible stewards of taxpayer dollars.鈥�
The decision not to replace the dam follows a controversial 2019 decision to dismantle Horseshoe Lake Dam in Shaker Heights and keep the lake drained.
