STATE EX REL. BROWN v. HOME PRO ENTERPRISES INC.

No. 81-1578.

1 Ohio St. 3d 255 (1982)

THE STATE, EX REL. BROWN, ATTY. GEN., APPELLANT, v. HOME PRO ENTERPRISES, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 18, 1982.


Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, and Mr. Dominic J. Hanket, for appellant.

Messrs. Malik, Malik, Knapp & Kigerl, Mr. John J. Malik, Jr., and Mr. Daniel L. Frizzi, Jr., for appellees.


HOLMES, J.

The question presented by this appeal is whether the appellees' activities are subject to the provisions of R.C. Chapter 1513.4 R.C. 1513.07(A) prohibits any "licensed operator" from conducting a "strip mining operation" unless a permit has been issued by the chief of the division of reclamation.5 Thus, appellees will be subject to the permit requirements if they are deemed to be "operators" and...

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