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STATE, EX REL. REPUBLIC STEEL CORPORATION v. ENVIRONMENTAL BOARD OF REVIEW

No. 76-1149.

48 Ohio St. 2d 38 (1976)

THE STATE, EX REL. REPUBLIC STEEL CORPORATION, v. ENVIRONMENTAL BOARD OF REVIEW ET AL.

Supreme Court of Ohio.

Decided October 27, 1976.

Attorney(s) appearing for the Case

Messrs. Jones, Day, Reavis & Pogue, Mr. Victor E. DeMarco, Mr. James C. Sennett, Ms. Kathleen B. Burke and Mr. James L. Warsley, III, for relator.

Mr. William J. Brown, attorney general, Mr. Richard P. Fahey and Mr. Christopher R. Schraff, for respondent Environmental Board of Review.

Ms. Ann Aldrich, Mr. Joseph P. Meissner and Mr. Jeffrey H. Olson, for respondent intervenors.

Per Curiam.

R. C. 3745.04, which provides for appeals to the Environmental Board of Review from actions of the Director of Environmental Protection, provides, in pertinent part:

"The filing of an appeal does not automatically suspend or stay execution of the action appealed from. Upon application by the appellant the board may suspend or stay such execution pending immediate determination of the appeal without interruption by continuances, other than...

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