CITY OF CLEVELAND v. CLEVELAND ELEC. ILIUM. CO.

No. 82-292.

4 Ohio St. 3d 184 (1983)

CITY OF CLEVELAND, APPELLANT, v. CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided April 27, 1983.


Attorney(s) appearing for the Case

Mr. James E. Young, director of law, Mr. John D. Maddox, Ms. Blair Hodgman and Mr. Donald F. Black, for appellant.

Messrs. Guren, Merritt, Feibel, Sogg & Cohen, Mr. Stanley M. Fisher, Mr. Michael L. Hardy, Mr. Dennis P. Henningan, Mr. Alan D. Wright and Mr. Donald H. Hauser, for appellee.

Mr. William J. Brown, attorney general, and Mr. Edward D. Hayman, urging reversal for amicus curiae, state of Ohio.


REILLY, J.

Appellant asserts four propositions of law as follows:

1. "Due process does not require air pollution inspectors to give suspected air polluters simultaneous or contemporaneous notice of the inspector's observations of readily visible air pollution."

2. "The component steps of Method 9, the technical procedure used by air pollution inspectors in determining a violation, are not elements of the criminal offense and each step of the procedure...

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