Full opinion text
OPINION ALGENON L. MARBLEY, District Judge. I. INTRODUCTION This matter comes before the Court on the following motions for summary judgment: (1) Motion for Summary Judgment of Defendant City of Zanesville (“City”); (2) Motion for Summary Judgment of Defendants Washington Township, Clint W. Cameron, Paul R. Bunting and Douglas Culbertson (“Township Defendants”); (3) Motion for Summary Judgment of Defendants Muskingum County, Don Madden, Ed Kenily, and Dorothy Montgomery (“County Defendants”); and (4) Plaintiffs’ Motion for Partial Summary Judgment on the Liability of Muskingum County for the East Muskingum Water Authority. After thorough review, this Court GRANTS Plaintiffs’ Motion for Partial Summary Judgment; GRANTS the Township Defendants’ Motion for Summary Judgment; and GRANTS in part and DENIES in part the City’s and County Defendants’ Motions for Summary Judgment. II. BACKGROUND Sixty-eight individual plaintiffs, the Fair Housing Advocates .Association (“FHAA”), and the Ohio Civil Rights Commission (“OCRC”) (collectively, “Plaintiffs”), filed this civil rights action against the City of Zanesville (“City”), Muskingum County (“County”), Washington Township (“Township’’) and individual elected officials from the County and Township, (collectively, “Defendants”). Plaintiffs claim that Defendants’ had a policy, pattern, and practice of denying public water service to the individual Plaintiffs during the last fifty years because, they are African-American and/or because they reside in a predominantly African-American neighborhood. The individual Plaintiffs lived, at various times, in the Coal Run neighborhood located within the County and Township, and just outside the Zanesville city limits. The neighborhood includes approximately twenty-five homes, and historically the residents of Coal Run have been African-American. Currently, approximately eighty-five percent of the Coal Run neighborhood residents are African-American, while the County and Township both are over ninety-five percent white. Contaminated by years of mining in the area, the ground water in the Coal Run neighborhood is not safe for residential purposes. Prior to receiving public water service in 2004, Plaintiffs; therefore, used wells, hauled water, had water delivered to their homes, and even collected rain water and melted snow in order to have safe, usable water for drinking, cooking, and bathing. Because the factual allegations beyond this basic background diverge, the Court will set forth the facts as separately presented by Plaintiffs and Defendants. A. The Facts Presented by Plaintiffs According to Plaintiffs, the residents of Coal Run suffered under a decades-long discriminatory government policy of refusing to provide clean water to their neighborhood due to its racial makeup. Plaintiffs claim that Coal Run was surrounded by waterlines going to predominately white areas and Plaintiffs, despite repeated requests, were not permitted to connect to the adjacent lines. Plaintiffs contend that the City, County, and Township are all responsible for the waterlines that run through the County, and' even though Defendants had the power and ability to bring water to Coal Run, they engaged in three broad forms of discrimination to deny the neighborhood water. First, Plaintiffs claim that Defendants regularly passed over the Coal Run neighborhood in favor of funding and constructing waterlines for, often more distant, white areas. Second, Plaintiffs state that Defendants rejected or disregarded the numerous requests for waterlines to be extended into Coal Run, while at the same time pursuing projects in response to requests from white areas. Third, Plaintiffs claim that Defendants denied individual requests from Coal Run residents to connect to an existing line — the Old Adamsville Road line — while letting white homes connect. 1. Defendants’ General Roles in Providing Water to Coal Run Plaintiffs assert that all Defendants had a responsibility to provide water to Coal Run residents. First, Plaintiffs state that the City supplied water in two ways: (1) since the 1930s, the City regularly constructed water projects in various areas adjoining the City; and (2) from 1956 until 2004, the City operated and controlled the Old Adamsville Road line, which served white residences on Adamsville Road and down Langan Lane, both of which border the Coal Run neighborhood. Plaintiffs state that, for the first forty-two years of the Adamsville line’s existence, the City partnered with the Washington Rural Water Authority (“WRWA”) in the operation of the line, and obtained exclusive control over it in 1998 when WRWA dissolved. Second, Plaintiffs assert that the County was also responsible for providing residential water services. Plaintiffs state that in 1967, the County created the East Muskin-gum Water Authority (“EMWA”) as an independent water authority, and the EMWA constructed water projects throughout its jurisdiction over the following thirty-six years. The County advocated for water services for various predominantly white areas since at least 1978, and the County began funding and constructing water projects throughout the County in 1990. In 2000, the County acquired a portion of the EMWA and began increasing efforts to bring water to County residents. Plaintiffs assert that in 2003, the County acquired the EMWA in its entirety and, by doing so, expressly assumed the EMWA’s liabilities as part of the acquisition. Finally, Plaintiffs state that Washington Township encompasses the Coal Run area. Plaintiffs claim that, starting in approximately 1995, the Township began making substantial efforts, including through legislation and advocacy, to obtain water for some of the predominantly white areas of the Township, while at the same time ignoring Plaintiffs’ requests. 2. Plaintiffs’ Timeline for the Provision of Water in Muskingum County Plaintiffs state that discriminatory provision of water in Muskingum County began in 1954 when the City and the WRWA instituted plans to build the Old Adams-ville Road waterline. Plaintiffs claim that the City approved the line and supervised construction, which stopped just before the Coal Run neighborhood. Before the installation was complete, Plaintiffs claim that Coal Run residents began asking to have the line extended to their neighborhood. Moreover, Plaintiffs’ efforts continued even after the line was in place. Plaintiff Marvin Kennedy testified that he attended multiple meetings in 1954, 1955, and 1958, where he and other Coal Run residents sought water. Plaintiff Rodney Hale stated that he contacted WRWA representatives throughout the 1950s and 1960s requesting that water be run into the Coal Run neighborhood and received no response or was told that the line was too small to include Coal Run. Plaintiff John Paul Mayle testified that his father requested water in the late 1950s or early 1960s from a City official. Moreover, in 1963, Plaintiff Richard Kennedy, Sr., attended a meeting at the Township fire station where he and others specifically asked to be connected to the City and WRWA waterline. Plaintiffs claim they were told that it could not be done. From 1954 to 1967, Plaintiffs claim that the City and the WRWA controlled who was permitted to tap into the Old Adamsville line and, unlike their predominantly white neighbors, the City and WRWA never permitted the Coal Run residents to connect. In 1967, the County formed the EMWA to provide water service throughout the County. Shortly after EMWA’s formation, Coal Run residents approached the EMWA to request water service for their neighborhood. Plaintiff Kennedy, Sr. testified that he attended a meeting in 1968 or 1969, where he and other residents expressly sought water service from the EMWA. Plaintiff Hill also testified to attending a meeting at the Washington Township firehouse around the same time when one of her neighbors asked when water could be brought to Coal Run. A few years later, a group of at least ten Coal Run residents appeared at an EMWA board meeting to request water service. In a departure from its usual practice, Plaintiffs assert that the EMWA did not respond to the request by conducting a preliminary engineering study to estimate likely costs, but instead, directed the residents to obtain signed contracts and deposits from those Coal Run residents who wanted water service. Several residents testified that they signed contracts and paid deposits, but the EMWA still took no action to provide them with access to water. In the meantime, Plaintiffs state that they continued making water requests- to the City and the WRWA. The Kennedy Plaintiffs claim that they took turns throughout the 1960s attending bi-monthly WRWA meetings to ask about water service. When a request for water was made to the WRWA, its normal practice was to collect a $350 association fee and pass the applicant’s name onto the City for a determination of whether a tap would be installed. Once the City received the applicant’s name, the City’s policy for granting a tap-in request was to allow the tap if there was “sufficient water to serve additional customers.” Plaintiffs claim that, while the City and WRWA allowed a number of white applicants to connect to the Old Adamsville Road line, none of the requests for water from the Coal Run residents was granted throughout the 1960s and 1970s. In 1978, Plaintiffs claim that the County began its own independent participation in water services in different parts of the County. Plaintiffs state that the County agreed to work with the City and WRWA to research and provide assistance in meeting water needs in a predominately white area north of the Coal Run neighborhood. In addition, Plaintiffs claim that the County contracted with an engineering firm in 1982 to examine bringing water to Rix Mill, another predominantly white area. In 1984, the EMWA voluntarily released the Coal Run neighborhood from its jurisdiction as a result of a joint City and WRWA effort to turn the WRWA into a legally constituted water authority, allowing it to apply for funding to replace and upgrade the existing Old Adamsville Road line. Even though the EMWA developed water-services projects for neighborhoods outside its jurisdiction, it never did so for Coal Run. Thus, Plaintiffs maintain that Coal Run residents, throughout the 1980s and 1990s, made efforts to approach each entity that might provide water to the neighborhood, but were regularly denied. In the late 1980s, Plaintiff Nancy Kennedy asked for water from WRWA and overheard the representative say, “Those niggers will never have running water.” Plaintiff Helen McCuen also testified about attending a meeting around 1981 where the Coal Run residents were told that “they couldn’t bring [water] out here, out our way.” Plaintiffs claim that numerous residents also requested water service from the City Water Superintendent, Robert Pletcher (“Pletcher”), throughout the 1980s and 1990s. When asked by Plaintiff James Hill, Pletcher allegedly responded that he did not understand why the area could not get water, and when approached by Plaintiff Kennedy Sr., Pletcher made a reference to pressure, discussed a planned pumping station, and then said he was not in charge. Pletcher also told Plaintiff John McCuen that the available lines could not bring water to Coal Run. Plaintiffs claim that the City referred Plaintiff John McCuen to the EMWA, where he was told that his request was a City problem, and when Plaintiff Mary Kennedy called the City seeking water for Coal Run, she was told it was a County issue. Meanwhile, the Plaintiffs allege, the City extended and improved waterlines in predominantly white areas outside the City limits. Plaintiffs state that, beginning around 1990, the County became more active in funding and constructing a host of water projects, particularly for commercial entities, some of which also served nearby residential users. Plaintiffs claim that the County also pursued funding for projects serving residential areas in predominantly white areas of the County. In addition, Plaintiffs state that in 1993, County representatives made requests to the EMWA to provide water to homes in the predominantly white Lakeview Heights, which had been experiencing acid water in its wells as a result of coal mining in the area. Meanwhile, Plaintiffs allege that County Commissioners were aware that Coal Run had similar problems, yet offered no remedy. Plaintiffs claim that Commissioner Montgomery stated that there was a long history of poor and failed wells in that area and was aware of the high sulfur content in the groundwater. Plaintiffs state that Montgomery also noted that she received petitions and phone calls from Coal Run residents asking for water. Plaintiffs also allege that because Commissioner Madden had been a Township Trustee and attended EMWA meetings where Coal Run residents sought water service, he was similarly aware of the residents’ water problems. Plaintiffs assert that in 1995, Township Trustees became more active in seeking water for certain areas in the Township. Plaintiffs claim that the Trustees went door-to-door collecting signatures on a petition for water service in a predominately white area just east of Coal Run and presented the petition to the EMWA. After an initial engineering report was completed for the new Adamsville Road project, the EMWA directed the Trustees to contact residents to see if they were interested in signing up. Plaintiffs claim that the Trustees then participated in the public meetings held to encourage residents to sign up for the proposed water line. Plaintiffs state that the Township Trustees did not include the Coal Run area in the proposed project. Plaintiffs claim that in the late 1990s, the County continued its efforts to improve water to certain white areas of the County. Among its projects was the “Adamsville Road Booster Station” which improved the water service for the predominantly white area along Old Adamsville Road and halfway down Langan Lane, which ended next door to the first African-American family in Coal Run. The County contributed $6500 to the project and obtained federal funding for low- and moderate-income areas. Plaintiffs allege that, although it did not supply water to them, the County used Plaintiffs’ relatively low incomes to qualify for the federal funding. Plaintiffs claim that the WRWA also contributed funds and the City was involved in installing the pump for the Booster Station. In 1996, the WRWA approached the City about disbanding the WRWA and putting the ownership and operation of the Old Adamsville Road line exclusively under City control. Pletcher stated that there was no reason for WRWA to stay active, as it was only formed in an attempt to get funding for system upgrades that had been completed. Plaintiffs state that Ohio EPA had already concluded that the City was operating the Old Adamsville Road line. In April 1998, the WRWA was formally dissolved and, as reflected in the dissolution order, the City “assumed and will continue to provide water service to the residents of the area served by [the WRWA].” The City received all of the WRWA’s assets and records. Plaintiffs claim that the City’s responsibilities did not change, however, as it simply continued its complete control over the line, and residents of the Coal Run neighborhood still were not allowed to tap-in. Plaintiffs maintain that Coal Run residents continued to seek water from the City. For example, Jerry Kennedy testified that he made multiple requests for water in the late 1990s, including, in 1998, demanding to know why his white neighbors were allowed to connect to the water line. Pletcher responded that he was not involved. In a 1998 memorandum to the City’s Service Director, Pletcher noted that he “had three inquiries in recent weeks on two different properties concerning a water main extension on Coal Run Road.” Plaintiffs state that Pletcher also testified that Matilda Kimble from Coal Run asked for water service in the late 1990s. In response to her request, Pletcher drew up a proposal regarding how the City could extend a waterline down Coal Run Road; Pletcher took this plan to City officials, but they did not follow up. In the fall of 1999, Joyce Hill, an employee with the State Department of Development, contacted the City’s fair housing compliance officer about the need for water in the Coal Run neighborhood. The City’s Public Service Director at the time, Jay Bennett, recognized that a racial disparity existed in the delivery of water service and proposed that the City attempt to fix it. In response, Pletcher conducted and drafted a new study for extending water from the City into the Coal Run neighborhood. In this March 2000 study, Pletcher stated that “[f]or at least the last thirty-five years the residents of Coal Run Road, Langan Lane ... have approached various members of the Zanesville Water Division as to the possibility of extending water into their neighborhoods.” Pletcher proposed an improved water main, at a cost of under $450,000, that would serve the Coal Run neighborhood, and suggested that this new water main replace the water system that was already serving residents on Old Adamsville Road and the northern part of Langan Lane. The City also conducted a preliminary engineering study, approached the County about funding for this project, and gave the study to the County for its review. Plaintiffs, however, claim that the County Commissioners rejected the proposal and that the City took no action to construct the proposed project. Despite the fact that the Township Trustees’ proposed New Adamsville Road project had failed for lack of interest in 1995, Plaintiffs claim that the Trustees continued their efforts to bring water to the area through 2001, and the EMWA completed the “Pleasant Grove-Adamsville Road” project in 2002. The project served all of the white residences directly to the east of the Coal Run neighborhood and apparently would have only needed to be extended another 2,000 to 3,200 feet to reach the Coal Run neighborhood. Plaintiffs explain that one step in this process involved a law that permits a township to petition a regional water district for inclusion of part of their township into a water district. Pursuant to this law, the Township passed a resolution requesting the area’s re-inclusion in the EMWA’s jurisdiction as “an emergency measure necessary for the immediate preservation of the public health, safety, and welfare, because of the residents’ immediate need for safe drinking water and fire suppression.” Although this area was adjacent to the Coal Run neighborhood, which also had safety and health issues related to water, no similar resolution was ever made to re-incorporate the Coal Run Area into the jurisdiction of EMWA. In 1999, the County created a Countywide Water and Sewer District and began working toward merging the EMWA into this new district. In December 2000, the County entered into a formal cooperative agreement with EMWA, which gave the County a ten percent interest in EMWA’s water treatment plants and well fields. Once the County acquired a portion of EMWA, the County attempted to identify the areas where the County and the EMWA could build new water projects. Plaintiffs allege that, between January and April 2001, the County sought over seven million dollars to fund seventeen residential water projects; Coal Run was not on the list. On December 13, 2001, Plaintiffs Jerry Kennedy and Richard Kennedy, Jr. attended a County hearing on water projects. At that meeting, Jerry Kennedy asked about getting water in the Coal Run neighborhood. In response, Plaintiffs claim that Commissioner Montgomery stated that the area “would not have water until the President dropped spiral bombs and hopefully hit deep enough to hit good water.” Further, Montgomery allegedly stated that maybe Coal Run’s “great grandchildren would see water.” Commissioner Madden allegedly responded to the Coal Run residents’ requests by saying that there were not enough houses in the area to support a water project. Plaintiffs claim that Madden placed the cost at $3.5 million, even though the County had not conducted any cost analysis or examined the homes that might seek service, and even though the City’s assessment from 2001, which the County had received, had only projected, a cost of $1.9 million. Further, Plaintiffs maintain that the Hairston family contacted the County Health Department about obtaining water service and the County representative told them that they would have to dig a well. Plaintiffs claim that Ms. Hairston held numerous meetings with neighbors about the lack of water, and on the morning of one of the meetings, she awoke to find a severed pig’s head in her driveway. In 2003, the County acquired the EMWA in its entirety. Plaintiffs assert that under this acquisition agreement, the EMWA transferred all of its assets and liabilities to the County and then dissolved. The County continued operating the EMWA’s water system, serving its current customers and employing its current personnel. The first three projects commenced by the County were for Candlers-ville, Adamsville Road, and Gaysport — all predominately white areas — even though the Commissioners allegedly knew that the EMWA had earlier rejected the very same projects because of both a lack of interest by each area’s residents and because none of the three projects was economically feasible. In the spring of 2002, the residents of the Coal Run neighborhood retained counsel to assist them in obtaining water.. On May 28, 2002, counsel sent a letter to the County, City and the EMWA asking that they “immediately come together to take whatever steps are necessary” to bring water to the neighborhood. In July 2002, a meeting was held to discuss the need for water in Coal Run. The residents asked for water service, and again pointed out the racial disparity between the treatment of their neighborhood and that of the surrounding areas. On July 26, 2002, Plaintiffs filed discrimination complaints with the Ohio Civil Rights Commission alleging that the County, City, and Township had engaged in a pattern and practice of discrimination in violation of the fair housing laws by refusing to provide water service to the Coal Run neighborhood. On August 14, 2002, the Governor’s office convened representatives of all area governments to discuss how to deal with the lack of water service in the Coal Run area. The County soon commenced a water project for Coal Run that would be covered almost entirely by state and federal grants. Construction began shortly thereafter, and in early 2004, the Coal Run residents received running water. B. The Facts Presented by Defendants The Defendants dispute Plaintiffs’ factual allegations in many respects, particularly regarding Defendants’ alleged responsibility to provide water services to the Coal Run neighborhood. 1. City In 1955, the City passed an ordinance permitting extension of water lines outside City limits along the Adamsville Road and Langan Lane. The City took this action after the Washington Rural Water Association, a private, non-governmental group (“WRWA-Private”), sought public water service from the City. The City asserts that WRWA-Private had no connection to any named defendant in this case and that WRWA-Private was led by a board of citizens living just north of the Coal Run area who paid for installation of the mains with private money, and no City funds were used. The City maintains that permission, to extend the water line was based upon the six conditions in the Ordinance, including that the residents be responsible for the costs of construction and the residents agree to pursue annexation. The City asserts that no Plaintiff ever agreed to these conditions of water services or to annexation. . The installation of the water line along Adamsville Road and Langan Lane took place in 1956, and the City states that WRWA-Private received and handled requests for water service. According to John Michel, a board member of WRWA-Private since the late 1960s, request issues were decided by a majority vote of the board members. The WRWA-Private required an application and up-front payment from persons seeking water, and that the location of the property seeking water service be close to or join the original water mains on Adamsville Road and Lan-gan Lane, as WRWA-Private did not extend water mains beyond those initial main lines. Michel explained that only when an application was approved by the board would the information be passed onto the City, and the decision whether to allow persons to “come on the lines” was made by the private board, not the City. The City claims that no decision of the WRWA-Private board was based on the race of the applicant and that it did nothing to prevent or restrict persons from receiving water- through WRWA-Private. In 1984, the Washington Rural Water Authority was established as a legal entity recognized as a water authority (“WRWA-Legál”), and was given exclusive authority in its geographic region over provision of water services including new water service in Coal Run. From 1984 to 1988, WRWA-Legal attempted to secure funding and otherwise promote the establishment of water services in its jurisdiction, including the Coal Run neighborhood. Specifically, the City asserts that WRWA-Legal attempted to secure funding — but was never successful — from: (1) the Ohio Water Development Authority; (2) OMEGA; and (3) the U.S. Department of Agriculture, Farmers Home Administration. In April 1998, the WRWA-Legal was dissolved by the Muskingum Common Pleas Court, and the City assumed the responsibility for provision of water to the area serviced by the WRWA-Legal. Therefore, the City asserts, it had no responsibility to provide public water outside of its corporate limits to the Coal Run area until April 1998, at the earliest. Furthermore, at such time, the . City claims that its responsibility was merely to maintain service to existing WRWA-Legal customers and not to add new areas. The City states that after the dissolution, no requests for extension of water service or separate taps in Coal Run were received by the City. The City performed no water line extension projects from April 1996 until June 2001, when Jay Bennet commenced his term as Public Service Director. The City maintains that of the sixty-eight individual'Plaintiffs, fifty-six did not make a request to the' City for public water service. The City states that Plaintiffs failed to distinguish alleged requests for water service made to WRWA from those, if any, made to the City. The City contends that Plaintiffs’ allegations of conversations and meeting attendance that they characterize as requests for water service were in no way related to the City and that the City is not responsible for WRWA actions in these meetings or conversations. For example, Plaintiffs cite Marvin Kennedy’s arid Jerry Kennedy’s depositions in which they recalled attending a meeting where they requested water service. The City states that the Kenne-dys’ reference to those present at the meeting were to members or, officers of WRWA-Private and had no connection to the City. To the extent Plaintiffs did discuss water service with Pletcher, the City claims that the conversations occurred prior to the 1996 installation of the Adamsville Road Booster Station to improve water pressure in -existing lines. Such- Plaintiffs were accurately informed that pre-booster, there was insufficient pressure to add new lines. Further, the City states that the Plaintiffs’ claims did not arise while they lived within the geographic limits of the City because the Coal Run area is outside the Zanesville corporate limits. The City disputes Plaintiffs’ assertion that the City regularly constructed water projects in various .areas adjoining the City. The City states that the only project constructed outside the City’s boundaries was that extending a tap to an Ohio University branch; according to the City, this was not an addition of residential service, but a tap on which the university built its own water system. Private citizens installed lines that were eventually connected to and served by the City system at no cost to the City. Although the City replaced a section of a pipe to cure leakage in the Quincy area of Springfield Township and in Wayne Township outside the City’s corporate limits, the City asserts that it did not extend, nor did it improve service. 2. Township The Township states that it was unable to furnish water to Plaintiffs or any residents at any time, because under Article XVIII of the Ohio Constitution, the Township does'not have the statutory authority to own, construct, or operate its own water lines. The Township admits, however, that it is aware of Ohio Revised Code § 505.263, which provides that a township may enter into a contract with a board of county commissioners under which the township agrees to pay all or any part of the cost of constructing, maintaining, repairing, or operating a water supply improvement project. The Township asserts that it has never engaged in the business of providing water to any residents of the Township, and therefore, has never treated any group of citizens more or less favorably than others. The Township provides services with respect to maintenance of roads and cemeteries — including the Coal Run area — and has never sought to provide additional services or obtain water service from any other entity. Further, of the sixty-eight individual Plaintiffs, sixty-seven were deposed and none of them ever made a request to the Township or Trustees for water services. The Township states that it did not receive any requests for water service. The Township further states that Plaintiffs rely on a distorted interpretation of Trustee Culbertson’s testimony — not Plaintiffs’ own testimony — as the sole basis for their contention that Plaintiffs (specifically Plaintiff Jerry Kennedy) “requested” water from the Township Defendants. The Township and Trustees respond that the testimony does not support Plaintiffs’ assertion. Particularly, the Township states that Plaintiffs only cite to the following testimony by Trustee Culbertson in their argument that a request for water was directed to the Township Defendants: Q. With these folks that have brought up these water issues to you on occasion, do you recall anyone from the Coal Run, Langan Lane area ever asking about getting water? A. Yes, one — one person. Q. All right. And who was that? A. When we were working on my house, Jerry asked me — Jerry Ken-nédy asked me how to go about getting water down in their area. I told him to get a petition, get people to sign it and take it to the Commissioners. Q. Do you recall what year that was? A. It would have been 2002. We were ■ finishing my new house. Q. That’s the only person you recall from Coal Run— A. Yes. Q. —asking about water for — asking you about water? A. Yes. % H* ❖ # 4? Q. And you didn’t do anything in response to what you heard from Jerry and Lonnie Kennedy about there not being water down there? A. You know, and I — I told Jerry that that’s what he needed, to get a petition and get it done, and I might have mentioned it to Don Madden that they were wanting water down there. I don’t recall. The Township points out that, while Plaintiffs rely on the above testimony to support their contention that Plaintiffs requested water from the Township, Plaintiff Jerry Kennedy’s own testimony does not support Plaintiffs’ argument. Upon being asked whether he ever made any request to the Township, Defendant Culbertson, or any other Defendant Trustee to have public water run to his residence in Coal Run, Plaintiff Jerry Kennedy replied, “No.” The Township states that Plaintiffs’ argument that the Township Defendants actively pursued water on behalf of predominately white areas within the Township is not supported by the very evidence Plaintiffs’ cite. Instead, the Township argues that the testimony of Donald Madden and Doug Culbertson shows that they participated in petitions to the EMWA to obtain water services in their personal capacities only. The effort to obtain water service was made by individual members of the community and not led by or directed by the Township Defendants. Subsequent to the WRWA-Legal’s dissolution, the EMWA and the County engaged in a joint effort for the development of the Adamsville Road line whereby the EMWA would extend its lines as far as it could within its jurisdiction and connect with County lines for the County’s future development of Pleasant Grove Road. The Township asserts that it was necessary for the County to connect to the EMWA lines in order for the Township to obtain water. Essentially, the Township explains, portions of Adamsville Road were the middle ground between the two jurisdictions and were part of the Township. After it was decided to undertake the Adamsville Road project, however, it was determined that a portion of Adamsville Road was not within the EMWA jurisdiction as a result of the 1984 removal of that area from its service. Consequently, according to the Township, the EMWA needed to have the previously excluded portion of Adamsville Road reincorporated into the EMWA jurisdiction so that the project could go forward. The Township and Trustees state that they did not ask the EMWA to incorporate this portion of Adamsville Road in the project. Rather, the EMWA, through its legal counsel, James Krischak, prepared a resolution for the Township Trustees to sign which would return this portion of Adamsville Road back to the EMWA. The Township asserts that Krischak testified that the Township and Trustees had no input regarding the language of the resolution or in determining where the waterline for the Adamsville Road project would be run. The language of the resolution was, instead, taken directly from the Ohio Revised Code and was required to be included in order to reincorporate that part of the Township into the EMWA. On April 19, 2001, the Trustees signed off on the resolution reincorporating that portion of the Township into the EMWA. The Trustees stated that they signed off on the resolution because the project would provide water to the Washington Township Firehouse, as the Township Volunteer Fire Department previously had to go to a local school to fill their tanks in the event of a fire. The Trustees and Township assert that the fact that some homes would also receive water off of this line that served the firehouse was not relevant to the- Trustees’ decision. Rather, the Township states, the decision to sign the resolution was for the benefit of all Township residents to the extent that it improved the fire department’s ability to serve the community. The EMWA was legally dissolved in February, 2003, after the Adamsville Road project was complete. The Township and the City state that much of Plaintiffs’ confusion about water services arose as a result of the creation of EMWA and WRWA-Legal, their existence at the same time, and that the WRWA-Private had operated prior to the creation of WRWA-Legal. In addition, Defendants state that, while having no connection to the Township, Trustees, or County, these groups often met at municipal locations such as the Township fire station and the County courthouse. 3. County The County states that its efforts to create a public water service infrastructure are still in their infancy, and that prior to 2000, the County had fifty-six public water systems throughout the County, most of which were established by business entities and residential subdivisions that were making inefficient use of their water resources. The County Commissioners recognized that the growing number of independent water systems posed increased health risks because they were impossible to monitor. The County resolved to establish a countywide water and sewer district to be formed under the provisions of Chapter 6117 of the Ohio Revised Code. In order to do so, the County needed a water source, and therefore, requested that the EMWA, the largest water district in the County, consider a merger with the County. On December 13,1999, the County issued an official Resolution regarding its intent to merge with the EMWA. On December 7, 2000, the County entered into a Cooperative Agreement with the EMWA which allowed the County to purchase a ten percent interest in the EMWA’s water treatment plan and well field. On October 23, 2002, an Acquisition and Dissolution Agreement (the “Agreement”) was executed between the County and the EMWA. In this Agreement, the EMWA conveyed all of its assets to the County, and the County agreed to operate and to maintain the current water systems. As to liabilities, Section 5 of the Agreement reads: Assignment and Assumption of the Authority Liabilities. The Authority hereby assigns to the County, and the County hereby assumes and agrees to discharge, the Authority Liabilities, all subject to and effective as of the occurrence of the Closing; provided, however, that the County shall not be liable for damages arising from any breach under the Authority Liabilities by the Authority prior to the Closing Date (as defined in Section 9 hereof). Subsequently, in a judgment dated February 28, 2003, pursuant to the Agreement, the Common Pleas Court of Muskin-gum County ordered that the EMWA “be and is hereby dissolved upon the transfer by the [EMWA] to the [County] of [EMWA’s] water system and the assumption or satisfaction by [the County] of [EMWA’s] liabilities.” The court also stated that “except for those liabilities assumed by [the County] pursuant to the petition and [the Acquisition Agreement] the County will not be liable for the liabilities of EMWA.” The County states that before it took over the EMWA in 2003, it did not make decisions regarding where water lines were laid throughout the . County; rather, the County only helped to provide funding for economic development projects for commercial or industrial needs. Once the County acquired a water source in December 2000, it states that it gave priority for public water lines to areas that had for decades petitioned for public water service and also had great need. The first three projects planned by the County Commissioners included the Adamsville Road, Gaysport, and Chandlersville Road projects. Allegedly, Adamsville Road residents had repeatedly petitioned the EMWA and had even petitioned the Ohio Department of Natural Resources to try to get water to their area. Over one-hundred fifty residents in the Gaysport area had submitted written petitions for public water service. Individuals, businesses, and the County and City Health Departments had petitioned for water to be brought to the Chandlersville area, where the quality of ground water was unsafe. Unlike the Adamsville Road, Gaysport, and Chandlersville Road projects, the County Defendants claim that they had never received any petition from residents in the Coal Run/Langan Lane neighborhood requesting public water service. In the fall of 2000, however, County Commissioner Don Madden was approached by Jay Bennett, Public Service Director for the City, regarding a possible Coal Run Road water project. Bennett indicated to Madden that the City was considering extending water in the Coal Run area and sought the County’s involvement in applying for a Community Development Block Grant (“CDBG”). Bennett indicated that the City would construct the water project if the County could obtain the grant funding. The County Commissioners agreed to assist the City with financing of water lines in the Coal Run/Langan Lane area by applying for the CDBG grant. Mike Sims later replaced Bennett, ■ and on or about December 2001, Madden met with Sims regarding the Coal Run project, at which time Sims had an engineering proposal estimating that the project would cost over $1.9 million. Madden was allegedly surprised at the cost, as he had an understanding that the cost of running water pipes was, on average, about $125,000 per mile. Because the Coal Run project was approximately a four-mile project, the estimate seemed unreasonable. Pletcher had also estimated the cost of the project at just over $435,000. Madden took the engineering proposal back to his fellow Commissioners who decided that it would not be fair to debt-service a $2,000,000 water project on the residents of Coal Run. Commissioner Madden, however, claims that he did not abandon the idea of a .Coal Run Road water project, and instead, discussed with the EMWA a planned EMWA water project for Pleasant Grove Road that was being considered for construction in 2002. The project would bring a water source close to the Coal Run/Langan Lane neighborhood, making a Coal Run project feasible for the County to construct. This discussion, according to the County, occurred before any resident of the Coal Run/Langan Lane neighborhood had requested public water service from the County. The County claims that Joyce Hill, of the Ohio Department of Development, developed a strategy to lay the framework for filing a complaint of race discrimination. In either 1999 or 2000, Hill informed Plaintiffs Jerry Kennedy and Richard Kennedy, Jr. of their right to file a lawsuit or a complaint with the Ohio Civil Rights Commission. Knowing that a typical fair housing complaint requirement was to have a recent “denial of services” Hill told the Kennedys that they should attend a December 13, 2001 County public hearing to be held regarding a water project proposed in the Chandlersville area and ask for water to be brought to the Coal Run area. The Kennedys did attend the meeting, and Jerry Kennedy expressed concerns for the lack of water in his area. According to the County, even though the hearing was to discuss water in another area, the Commissioners resolved to look into the water situation in that area of the County. It is at this meeting that Jerry Kennedy claims that Commissioner Montgomery stated that there would be no water at Coal Run “until President Bush drops spiral bombs” in Coal Run and that Jerry Kennedy’s “grandchildren’s grandchildren would not have water.” The County argues that there were nine people in attendance at that meeting, including an engineer from M-E Companies and a private resident from another area of the County, and of those nine people, only Jerry Kennedy and Richard Kennedy, Jr. claim that these statements were made. The County responds that those in attendance at that meeting have sworn, under oath, that the alleged comments were not made. The County states that while the Kenne-dys were the only two Plaintiffs to have requested public water service from the County — and they did so orally at a public hearing called for another purpose, and no petitions were submitted by Coal Run residents — within twenty-five months of the request, the entire neighborhood had access to public water service. C. Procedural Posture The sixty-eight individual Plaintiffs and the FHAA filed their original complaint on November 13, 2003. The operative pleading is the Fourth Amended Complaint, filed on December 19, 2005. Plaintiffs allege the following six causes of action in the Complaint, and seek monetary, declaratory, and injunctive relief: (1) Unlawful Discrimination under the Fair Housing Act, 42 U.S.C. § 3601 (“FHA Claim”) (All Plaintiffs against All Defendants); (2) Unlawful Discrimination Under 42 U.S.C. § 1981 (“ § 1981 Claim”) (Individual Plaintiffs against All Defendants); (3) Unlawful Discrimination Under 42 U.S.C. § 1982 (“ § 1982 Claim”) (Individual Plaintiffs against All Defendants); (4) Unlawful Discrimination Under 42 U.S.C. § 1983 (“ § 1983 Claim”) (Individual Plaintiffs against All Defendants); (5) Unlawful Discrimination Under Title VI of the Civil Rights Act, 42 U.S.C. § 2000d (“Title VI Claim”) (Individual Plaintiffs against the City, the Township, and the County); (6) Unlawful Discrimination Under Ohio Revised Code § 4112.02(H) (“State Law Claim”) (All Plaintiffs against All Defendants). On July 26, 2002, twenty-five residents of Washington Township filed a complaint with the OCRC, which began investigating Defendants’ practices. On June 12, 2003, following its investigation, the OCRC concluded that the facts “give rise to the inference that [defendants] failed to provide [residents] with access to public water service because of their race, Black [,] and the racial composition of their neighborhood.” This Court permitted the OCRC to be joined as a party plaintiff in this matter on July 12, 2004, and the OCRC filed its Joined Plaintiffs Complaint on August 11, 2004, asserting a State Law Claim against Defendants. The OCRC voluntarily dismissed its previously filed complaint in state court. On March 14, 2007, the City, Township, and County, each filed motions for summary judgment on all of Plaintiffs’ claims. On April 23, 2007, Plaintiffs filed a Combined Response in Opposition to Defendants’ motions along with a Cross Motion for Summary Judgment on the narrow issue of whether the County is liable for any acts and/or omissions of the EMWA. All motions have been fully briefed and this Court heard oral argument from all parties on June 4, 2007. Accordingly, the motions are now ripe for this Court’s review. III. STANDARD OF REVIEW Summary judgment is appropriate “[i]f the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56. “[S]ummary judgment will not lie if the dispute is about a material fact that is ‘genuine/ that is, if the evidence is such that a reasonable jury could return a verdict for the non-moving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (concluding that summary judgment is appropriate when the evidence could not lead the trier of fact to find for the non-moving party). The standard of review for cross-motions of summary judgment does not differ from the standard applied when a motion is filed by only one party to the litigation. Taft Broad. Co. v. U.S., 929 F.2d 240, 248 (6th Cir.1991). “The fact that both parties have moved for summary judgment does not mean that the court must grant judgment as a matter of law for one side or the other; summary judgment in favor of either party is not proper if disputes remain as to material facts. Rather, the court must evaluate each party’s motion on its own merits.... ” Id. (citations omitted). In evaluating motions for summary judgment, the evidence must be viewed in the light most favorable to the non-moving party. Matsushita, 475 U.S. at 587, 106 S.Ct. 1348. In the case of cross-motions, the Court must “tak[e] care in each instance to draw all reasonable inferences against the party whose motion is under consideration.” Taft, 929 F.2d at 248. The movant has the burden of establishing that there are no genuine issues of material fact, which may be accomplished by demonstrating that the non-moving party lacks evidence to support an essential element of its case. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Barnhart v. Pickrel, Schaeffer & Ebeling Co., 12 F.3d 1382, 1388-89 (6th Cir.1993). Significantly, in responding to a motion for summary judgment, however, the non-moving party “may not rest upon its mere allegations ... but ... must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P.56(e); see Celotex, 477 U.S. at 324, 106 S.Ct. 2548; Searcy v. City of Dayton, 38 F.3d 282, 286 (6th Cir.1994). The non-moving party must present “significant probative evidence” to show that there is more than “some metaphysical doubt as to the material facts.” Moore v. Philip Morris Cos., 8 F.3d 335, 339-40 (6th Cir.1993). Furthermore, the mere existence of a scintilla of evidence in support of the non-moving party’s position will not be sufficient; there must be evidence on which the jury could reasonably find for the non-moving party. Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir.1995) (citing Anderson, 477 U.S. at 252, 106 S.Ct. 2505). IY. ANALYSIS Because Plaintiffs’ Cross Motion for Summary Judgment deals with a narrow issue of liability that will affect the County Defendants’ Motion for Summary Judgment, this Court will address Plaintiffs’ Motion before turning to Defendants’ Motions. A. Plaintiffs’ Cross Motion for Summary Judgment Plaintiffs move for Partial Summary Judgment on the narrow issue of whether the County is liable for the alleged acts and omissions of the EMWA. Plaintiffs do not seek a ruling on the question of whether the County engaged in discriminatory practices; rather, Plaintiffs only ask this Court to find that if a jury concludes that the EMWA engaged in such practices, the County is liable for those acts as the EMWA’s successor in interest. Plaintiffs contend that the County is hable for the acts of the EMWA under both Ohio and federal common law on successor liability. Under Ohio law, a “purchaser of a corporation’s assets is not liable for the debts and obligations of the seller corporation” unless: (1) the buyer expressly or impliedly agrees to assume such liability; (2) the transaction amounts to a de facto consolidation or merger; (3) the buyer corporation is merely a continuation of the seller corporation; or (4) the transaction is entered into fraudulently for the purpose of escaping liability. See Cytec Indus. Inc. v. B.F. Goodrich Co., 196 F.Supp.2d 644, 654 (S.D.Ohio 2002) (citing Welco Indus., Inc. v. Applied Cos., 67 Ohio St.3d 344, 617 N.E.2d 1129, 1132 (1993)). Here, Plaintiffs argue that when the EMWA sold its assets to the County under the Agreement, a de facto merger occurred, thus requiring this Court to impose successor liability on the County under the second Cytec exception. In Welco, the Ohio Supreme Court set forth four factors which a court must examine when determining whether a de facto merger occurred: (1) the continuation of the previous business activity and corporate personnel, (2) a continuity of shareholders resulting from a sale of assets in exchange for stock, (3) the immediate or rapid dissolution of the predecessor corporation, and (4) the assumption by the purchasing corporation of all liabilities and obligations necessary to continue the predecessor’s business operations. 617 N.E.2d at 657. It is not a requirement that all four factors be present for a court to find that a de facto merger occurred. Id. The Defendants do not dispute that the first, second, and third factors militate in favor of finding that the Agreement and subsequent dissolution of the EMWA constituted a de facto merger. With respect to the first factor, the record reflects that the County continued the exact same business activities as the EMWA and retained many of the same management personnel as the EMWA. The third factor is satisfied because the Ohio court dissolved the EMWA approximately four months after the execution of the Agreement. Likewise, the second factor of the de facto merger test is satisfied in this case. Although there is no “continuity of shareholders” between the County and the EMWA because neither entity has shareholders and because'-there was not an assets-for-stock transaction, the absence of such a transaction does not necessarily result in the conclusion that the transaction in question was not a de facto merger. Id. at 658; see also Turner v. Bituminous Cas. Co., 397 Mich. 406, 244 N.W.2d 873, 880 (1976) (“The presence of stock as consideration should be one factor to use to determine whether there exists a sufficient nexus between the successor and predecessor corporations to establish successor liability. However, the absence of an exchange of stock should not be conclusive.”). As a result of the Agreement and subsequent dissolution, the County absorbed the EMWA’s assets and continued to operate the water authority in the same manner as the EMWA. Thus, the merger and subsequent dissolution “resulted' in the nexus between the predecessor corporation and successor corporation that the continuity of shareholders ‘hallmark’ seeks to require, and therefore satisfies the second hallmark of a de facto merger.” Cytec, 196 F.Supp.2d at 659. Although they do not contest that the first three factors are satisfied, Defendants challenge the fourth factor, namely, whether the County assumed the liabilities of .the EMWA. Defendants contend that the Agreement and the subsequent dissolution judgment do not transfer the liability associated with this case from the EMWA to the County.- Defendants’ assertion that the “4-corners” of the Agreement do not expressly assign liability for Plaintiffs’ discrimination suit to the County is correct. Section 5 of the Agreement makes clear that the County will assume only the “Authority Liabilities” outlined in Appendix F of the Agreement. Appendix F is a list of routine contracts and other business agreements over which the County was obligated to assume legal responsibility post-dissolution. The liability for the instant suit is not among those listed in Appendix F. Therefore, Defendants argue that they did not assume any liability in connection with this lawsuit. Importantly, in section 6 of the Agreement, the EMWA warrants that the only pending litigation against it is set forth in Appendix E. Appendix E contains a description of a complaint filed with the OCRC, which is the foundation for the case sub judice. However, nothing in the Agreement, or in Appendix E, expressly addresses whether the parties intended to transfer liability for the matters listed in Appendix E from EMWA to the County. In any event, whether the Agreement expressly transferred liability for this suit from EMWA to the County is irrelevant under the fourth factor of the Welco test. The fourth factor does not ask whether the predecessor company specifically transferred the liability in question to the successor company. If the Agreement did specifically transfer the liability for this suit, there would be no need to apply the four-factor test; the assumption of liability would be a simple question of contract interpretation. As the Cytec court held, the fourth factor does not examine if the specific liability in question was transferred; rather, the fourth factor asks whether the predecessor company transferred to the successor company the “liabilities ordinarily necessary to continue” regular business operations. See Cytec, 196 F.Supp.2d at 659. The Agreement did just that. Under section 5, the County assumed many ■ of the everyday business contracts and licenses necessary for it to carry on business as usual at the water company. The County seamlessly and without interruption utilized the same personnel and facilities of the EMWA to supply water to the former customers of the EMWA. Thus, having met the four-factor Welco test, the County has become a de facto successor of the EMWA’s potential liability to Plaintiffs under Ohio state law. Plaintiffs also contend that the County is liable, as a successor in interest, for the EMWA’s acts and omissions under federal common law. Despite the fact that “the general common law rule ... is that a corporation that merely purchases for cash the assets of another corporation does not assume the seller corporation’s liabilities,” under certain circumstances, it may be appropriate to impose successor liability in cases of discrimination where equitable concerns favor a successor’s liability, such as where equitable concerns favor imposing liability against a successor for the predecessor’s acts of discrimination. Upholsterers’ Int’l Union Pension Fund v. Artistic Furniture of Pontiac, 920 F.2d 1323, 1327 (7th Cir.1990); see also E.E.O.C. v. MacMillan Bloedel Containers, Inc., 503 F.2d 1086, 1091 (6th Cir.1974). In addition, another exception to the traditional common law rule occurs if the court finds that a de facto merger took place between two corporations. Upholsterers, 920 F.2d at 1325. In deciding whether a de facto merger occurred under federal common law, the Court considers whether the “equities of the matter favor successor liability because it is the successor who has benefitted from the discriminatory [ ] practices of its predecessor.” MacMillan, 503 F.2d at 1092. Additionally, in deciding whether a de facto merger occurred under federal common law, the court examines: (1) whether the successor had prior notice of the claim against the predecessor; (2) whether the predecessor is able to provide the relief requested; and (3) whether there has been sufficient continuity in the business operations of the predecessor and successor. MacMillan, 503 F.2d at 1092; Upholsterers, 920 F.2d at 1325. The County does not challenge Plaintiffs’ argument that it should be held liable as a successor in interest under federal common law. In any event, the Court concludes that the Agreement and subsequent dissolution in this case qualifies as a federal common law de facto merger. First, Appendix E of the Agreement shows that the County had notice of Plaintiffs discrimination complaint. Second, the County’s predecessor, the EMWA, is no longer able to provide Plaintiffs relief because it no longer exists. Third, as discussed above, there is an exact continuity of business operations between the EMWA and the County. Given that — (1) a race discrimination suit under the Fair Housing Act can be likened to an employment discrimination suit under Title VII as in MacMillan; (2) the County benefitted from the alleged discriminatory practices of the EMWA; (3) the EMWA no longer exists; and (4) the factors discussed in MacMillan are satisfied — the equities favor this Court imposing successor liability upon the County. The County, relying on the unpublished case of Taylor v. CSX Transp. Inc., No. 05-CV-7383, 2006 WL 2550021 (N.D.Ohio Aug. 31, 2006), also argues that Plaintiffs should be prohibited from using the theory of successor liability because Plaintiffs did not plead successor liability in their complaint. The County asserts that Plaintiffs have pursued their case against the County on a direct liability theory, and argues that prior to Plaintiffs’ Motion for Partial Summary Judgment, the County had no notice of Plaintiffs’ intent to seek relief on the grounds of both direct and successor liability. • Although it is true that Plaintiffs did not specifically plead successor liability in their complaint, the County misinterprets Taylor and the other cases upon which it relies. These eases do not hold that a plaintiff must plead successor liability in his complaint to pursue this theory at later stages in the litigation. Rather, these cases hold that a plaintiff must put the defendant on notice that the plaintiff is pursuing a theory of successor liability in order to further pursue it at trial. Notice, not specific pleading, is the standard. For example, in Taylor, the court stated: Here, the Amended Complaint alleges that various defendants have assumed the liability of its predecessor as successors in interest. It further indicates which entities are being sued in their present capacities and which are being sued as successors and/or predecessors in interest. Thus, Defendants are fully aware of what claims are being alleged and to what extent they are being sued individually and as successors and/or predecessors in interest. Civil Rule 8(a) requires nothing more. 2006 WL 2550021, at *4; see also Tucker v. Union of Needletrades Indus. & Textile Employees, 407 F.3d 784, 788 (6th Cir.2005) (n