GENERAL MOTORS CORPORATION v. McAVOY

No. 79-1447.

63 Ohio St. 2d 232 (1980)

GENERAL MOTORS CORPORATION, APPELLANT, v. McAVOY, DIRECTOR, OHIO ENVIRONMENTAL PROTECTION AGENCY, APPELLEE.

Supreme Court of Ohio.

Decided July 23, 1980.


Attorney(s) appearing for the Case

Messrs. Fuller, Henry, Hodge & Snyder, Mr. Louis E. Tosi, Mr. John P. Murtagh and Mr. William L. Patberg, for appellant.

Mr. William J. Brown, attorney general, and Ms. Margaret A. Malone, for appellee.


PAUL W. BROWN, J.

The primary issue in the instant cause is whether the Director of Environmental Protection was under a statutory duty to provide an opportunity for an adjudication hearing prior to a denial of the permit sought by appellant. We hold that there is such a statutory duty imposed by R. C. Chapter 119.

It is undisputed that an order by the Director of Environmental Protection denying permits to operate is an adjudication order within the meaning...

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