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SECURITY SEWAGE EQUIP. CO. v. McFERREN

No. 41338.

14 Ohio St. 2d 251 (1968)

THE SECURITY SEWAGE EQUIPMENT CO., D. B. A. SECURITY SEPTIC TANK CO., APPELLEE, v. McFERREN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 12, 1968.

Attorney(s) appearing for the Case

Mr. Jerry Gordon, for appellee.

Messrs. Chalfant, Chalfant & Morrow, Mr. Harry B. Chalfant and Messrs. Kinsey, Allebaugh & King, for appellants.

SCHNEIDER, J.

Section 3701.18, Revised Code, provides in part:

"No municipal corporation ... or other person shall provide or install a ... sewerage or purification or treatment works for ... sewage disposal ... until the plans therefor have been submitted to and approved by the Department of Health." (Emphasis supplied.)

Although it would appear that the approval of the plans by the Department of Health is a condition precedent to the enforcement...

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