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SHAKER HEIGHTS, Ohio — Residents who have vowed to fight the Northeast Ohio Regional Sewer District’s proposal to drain Horseshoe Lake and Lower Shaker Lake fired their first legal shot Tuesday, formally warning local governments that any work on the lakes without proper permits would be unlawful. In a legal notice delivered to officials in Cleveland Heights, Shaker Heights, and Cleveland, three residents wrote that the district is preparing to begin major earthmoving and hydrologic work without completing required federal and state environmental reviews. They say the district lacks Clean Water Act authorization, state water-quality certification, and a completed federal historic review for the lakes, collectively known as the Shaker Lakes. “Any physical alteration, vegetation clearing, or dam or lake modification absent these permits… is unlawful,” the notice states, warning that municipalities could face legal liability if they allow the work to proceed. The letter was signed by Erin Flanagan, a Cleveland Heights resident and attorney, as well as entrepreneur Ed Weinfurtner and his wife, Amy, of Shaker Heights. Cleveland.com reached out to city officials and a sewer district spokeswoman. The warning follows recent public statements by Cleveland Heights Interim Mayor Tony Cuda, who said the cities and NEORSD were developing three alternatives for Lower Shaker Lake — including a possible water feature. The residents argue that such planning is premature and potentially illegal without environmental clearance. The Shaker Lakes, created in the 1820s by the North Union Shakers, are part of a nationally recognized historic landscape and have been designated “contributing resources” under the National Register of Historic Places. The area includes the Nature Center at Shaker Lakes, a National Environmental Education Landmark, and is a designated Important Bird Area by Audubon Ohio. Horseshoe Lake and Lower Shaker Lake -- the two largest and most easily accessible of the Shaker Lakes -- are connected by Doan Brook, which flows northwest through University Circle, Wade Lagoon, and Rockefeller Park before reaching Lake Erie. The current controversy dates back to 2018, when a sinkhole near the Horseshoe Lake dam prompted the Ohio Department of Natural Resources to order the lake drained for safety inspections. NEORSD later recommended removing the dam and converting Horseshoe Lake into a wetlands park, citing environmental benefits and reduced risk to downstream neighborhoods like University Circle. After initially proposing to preserve Lower Lake, the district recently reversed course, now favoring its removal as a more cost-effective and ecologically sound solution. NEORSD officials said the reversal came after updated floodplain modeling and engineering studies showed that the Lower Lake dam no longer provides meaningful flood control benefits. Rebuilding the dam — along with dredging the lakebed — would cost an estimated $55 million, while removing it would cost about $45 million. The district argues that eliminating the lakes and restoring the area to a more natural state would be more cost-effective and environmentally beneficial, aligning with broader efforts to improve watershed health. It also told the cities that they would be on the hook for the entire cost of the project if they chose not to move forward with the district’s plan. At a joint meeting with city councils in Shaker Heights and Cleveland Heights in August, many residents expressed frustration and skepticism, with many calling for transparency around the district’s data and cost estimates. Some, however, supported the removal of the dam, citing environmental benefits and improved water quality. The legal notice demands that Cleveland Heights and Shaker Heights cease any authorization or participation in NEORSD’s planned work until valid permits are issued and a full historic review is completed. It also calls on the City of Cleveland, which owns the land, to withhold consent for any modifications. The residents have given the cities 10 days to acknowledge receipt of the notice and confirm their understanding of the legal implications. “The Shaker Lakes are not expendable ‘features’ to be re-engineered into ‘natural greenspace’ at administrative whim,” the notice concludes. “They are irreplaceable elements of our shared civic and natural heritage.” Municipal officials have not yet publicly responded to the notice.
