Washington, DC 20549








Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934



Date of Report (Date of earliest event reported) August 1, 2018 (July 31, 2018)




(Exact Name of Registrant as Specified in its Charter)



Ohio   1-14105   34-1863889
(State or Other Jurisdiction   (Commission File    (IRS Employer
of Incorporation)   Number)   Identification No.)




One American Way, Warren, Ohio 44484

(Address of Principal Executive Offices) (Zip Code)


Registrant's telephone number, including area code: (330) 856-8800




(Former name and address, if changed since last report)



Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


[  ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


[  ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


[  ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


[  ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e4(c))


Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).


Emerging growth company ☐


If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐





ITEM 8.01 Other Events


On July 31, 2018 the Ohio 10th District Court of Appeals (the “Court”) issued its decision on the Division of Oil and Gas Resources Management’s (“Division”) appeal of the Franklin County Court of Common Pleas February 21, 2017 entry allowing restart of the Company’s AWMS Water Solutions, LLC #2 salt water injection well.  AWMS Water Solutions, LLC (the “Company”) is a wholly owned subsidiary of Avalon Holdings Corporation.


In the decision, the Court overruled the majority of the Division’s assignments of error, but also found that the Franklin County Court of Common Pleas abused its discretion in issuing the restart order for the Company’s injection well.  The Court therefore reinstated the previous Ohio Oil and Gas Commission decision in this matter. Based on the decision, operations of Company’s #2 injection well will remain suspended.  The Court’s decision is appealable to the Ohio Supreme Court.


The Company is in the process of evaluating the decision in light of other ongoing litigation in this matter, and will vigorously pursue all available legal avenues.







Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.











DATED:     August 1, 2018                      

/s/ Bryan P. Saksa                




Bryan P. Saksa




Chief Financial Officer and Treasurer