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FOREST HILLS UTILITY CO. v. GARDNER

No. 71-382.

31 Ohio St. 2d 78 (1972)

FOREST HILLS UTILITY CO., APPELLANT, v. GARDNER, ACTING DIR. OF HEALTH, APPELLEE.

Supreme Court of Ohio.

Decided July 12, 1972.

Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman and Mr. Rankin M. Gibson, for appellant.

Mr. William J. Brown, attorney general, and Mr. James A. Laurenson, for appellee.

CORRIGAN, J.

Appellant, Forest Hills Utility, challenges the authority of the Director of Health to order improvements and changes in a waterworks system where the Public Health Council has, after due notice and hearing, approved his finding, without stating the reasons therefor.

R. C. 3701.34 delineates the powers and duties of the Public Health Council and provides, in part:

"The Public Health Council...

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