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Little Miami River watchdog sues over proposed zipline expansion

By Ed Richter, Staff Writer 6:47 PM Friday, December 3, 2010

LEBANON — A watchdog of the Little Miami River has sued the operator of a Warren County zipline attraction to keep them from building lines across the scenic waterway.

Little Miami Inc. filed a lawsuit against the YMCA of Greater Dayton, which owns Camp Kern and the Ozone Zip-Line Adventures, on Nov. 22 in Warren County Common Pleas Court.

The lawsuit seeks injunctive relief and a declaratory judgment as well as motion for a temporary restraining order and a preliminary injunction to stop the proposed zipline expansion that was scheduled to start construction this month for an April 1 opening.

YMCA Camp Kern officials announced Nov. 10 the attraction would add two 1,500-foot long ziplines that would take visitors 200 feet over the Little Miami River and connect to a platform on a designated tree at Fort Ancient State Memorial. These are the first lines planned to go across the river since the attraction installed its first ziplines 19 months ago.

Little Miami Inc., a non-profit organization that protects and restores the Little Miami River corridor, contends the 17.42-acre conservation easement that it purchased from the YMCA for $62,863 in July 2007 does not permit any transmission lines to go over the river easement. Little Miami Inc. and the Warren County Soil & Water Conservation District jointly own the conservation easement, according the motion.

They contend that like a transmission line that transmits electricity, the zipline also is a transmission line for people. In addition, the suit says the new ziplines would damage the natural integrity of the river corridor.

The deed to the easement also requires written permission from the property owners.

Little Miami Inc. also said the organization, as well as third parties, would suffer irreparable harm if the injunction is not granted.

In its complaint, Little Miami Inc. said that the National Park Service advised the Ohio Department of Natural Resources that it recommend the new ziplines not be installed because the intrusion would have a significant impact on the river corridor.

The organization is seeking a declaratory judgment that the new zip lines would violate the conservation easement and seeks a temporary restraining order and permanent injunctions prohibiting the installation and operation of ziplines through the easement area.

Officials at YMCA Camp Kern could not be reached for comment late Friday afternoon.

The Ozone Zipline has racked up more than 14,000 riders since it first opened in July 2009. In 2010, its first full year of operation, the attraction brought in 8,000 riders.

The Ozone Zipline already offers riders a chance to hang suspended along 5,000 feet of zipline at 175 feet in the air, travelling at speeds of close to 30 mph. The two new lines will become the longest of the ride and suspend riders in mid-air for approximately a minute at a time.

Contact this reporter at (513) 696-4504 or erichter@coxohio.com.

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