FOREST HILLS UTILITY CO. v. WHITMAN

Nos. 73-874, 73-915 and 74-8.

41 Ohio St. 2d 25 (1975)

FOREST HILLS UTILITY COMPANY, APPELLANT, v. WHITMAN, DIR. OF ENVIRONMENTAL PROTECTION, APPELLEE. (TWO CASES.) FOREST HILLS UTILITY COMPANY, APPELLEE, v. WHITMAN, DIR. OF ENVIRONMENTAL PROTECTION, APPELLANT.

Supreme Court of Ohio.

Decided January 29, 1975.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman and Mr. Rankin M. Gibson, for Forest Hills Utility Company.

Mr. William J. Brown, attorney general, Mr. William S. Fein, Mr. A. Mark Segreti, Jr., and Mr. Joel S. Taylor, for the Director of Environmental Protection.


O'NEILL, C. J.

The primary issue in these procedurally complex appeals is whether Ohio's 1972 Environmental Protection Act (Amended Substitute Senate Bill No. 397, 134 Ohio Laws 695) authorizes the Director of Environmental Protection to rectify an inadequate public water supply situation by invoking the emergency-order power granted him under R. C. 6111.06(C).

The statutory history behind the relevant statutes leads this court to conclude he is not so authorized...

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