Toledo can finish construction of a multipurpose path it is building in South Toledo, including a portion of which is sandwiched between Anthony Wayne Trail and the Toledo Country Club.

Judge Gary G. Cook of Lucas County Common Pleas Court has denied a request by the Toledo Country Club to block that part of the project.

The judge said in his ruling filed on Friday that the country club failed to prove hikers, joggers, and bicyclists using the trail would be put in harm’s way and at great risk of being struck by errant golf balls. The judge also stated that it’s important to note that the country club “does not enjoy an unfettered right” to let golf balls leave its property in the first place.

The country club’s lawyer, Matt Harper, of Eastman & Smith, said a possible appeal will be considered after his client has had more time to review the decision.

“We're very disappointed with the ruling, obviously,” Mr. Harper said. “We continue to believe the multiuse path should not be built for the safety and legal reasons [club witnesses stated in court].”

Toledo Country Club President Philip McWeeny echoed those comments. He said he believes the greatest risk of danger comes from the estimated 2.5 million automobiles a year driving 50 mph or faster on the highway, not any errant golf balls that might occasionally leave their property.

Mr. McWeeny cited testimony delivered in court last Sept. 18 by one of their witnesses, David A. Noyce, a University of Wisconsin transportation engineering professor who specializes in analyzing such traffic patterns.

In his testimony, Mr. Noyce said the South Toledo project has “a very unsafe design because it creates a hazard both for vehicles leaving the roadway, and for pedestrians and bicycles.” 

“We’re deeply disappointed about the decision. The country club is concerned cars will come off the highway. We find it difficult to understand how the court ignored a nationally recognized expert from the University of Wisconsin,” Mr. McWeeny said.

The country club president said vehicles leave Anthony Wayne Trail and “run onto our property all of the time.”

“It's just a matter of when it's going to happen, not if. It's just not a good idea,” Mr. McWeeny, who has lived in that part of South Toledo for 46 years, said. “We feel strongly about that. It makes no sense to me.”

Leslie Kovacik, a city lawyer, told The Blade she was pleased by the judge’s ruling.

“The city has the right to put this alongside the road in our own right-of-way,” she said. “We are pleased the judge agreed with us on that.”

She also said the city “does not have any overriding concern that people are going to get hit by golf balls.” Reports of injuries from other parts of the country, including at least one involving a toddler, are sad, yet anecdotal, she said.

“Nobody can really design projects with 100 percent absolute safety at all times,” Ms. Kovacik said. “Anecdotally, we heard stories. But anecdotes don't make evidence.”

The multiuse path is part of Toledo’s much larger redevelopment project for Anthony Wayne Trail.

“When considering the danger of errant golf balls to users of the proposed multiuse path, the Court is cognizant of the City’s admission it did not take golf ball injuries into consideration when designing the path,” Judge Cook wrote. “However, the Court also finds TCC has not shown by a preponderance of the evidence (and certainly not clear and convincing evidence as required for a permanent injunction) that placing the path next to its golf course creates a public nuisance.”

The judge went on to say in his ruling that the law does not require the city to design a path that prevents all risk of harm, only one that offers reasonable assurances.

First Published February 9, 2024, 9:48 p.m.