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CLAY & LIMESTONE v. McAVOY

No. 78-1352.

59 Ohio St. 2d 94 (1979)

KIMBLE CLAY & LIMESTONE, APPELLANT, v. McAVOY, DIRECTOR OF ENVIRONMENTAL PROTECTION, APPELLEE.

Supreme Court of Ohio.

Decided July 18, 1979.

Attorney(s) appearing for the Case

Messrs. Smith, Renner, Hanbart, Miller & Kyler and Mr. Mark D. Frasure, for appellant.

Mr. William J. Brown, attorney general, and Mr. E. Dennis Muchnicki, for appellee.

SWEENEY, J.

The primary issue involved in this cause concerns interpretation of R. C. 3745.06 and 3745.08 as to whether appellant's appeal from the EBR's action should have been filed in a timely and proper statutory manner with the Court of Appeals for Franklin County instead of with the Tuscarawas County appellate court. Such determination depends on whether the appellee's action in denying appellant's initial request to operate a rock crusher constituted a denial...

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