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DEMOISE v. DOWELL

No. 83-782.

10 Ohio St. 3d 92 (1984)

DEMOISE ET AL., APPELLEES, v. DOWELL ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 18, 1984.

Attorney(s) appearing for the Case

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., and Mr. David L. Simiele, for appellees.

Mr. James R. Unger, prosecuting attorney, Mr. Michael P. Zirpolo, Mr. David M. Bridenstine, Messrs. Squire, Sanders & Dempsey, Mr. James H. Woodring, Mr. Daniel O'Loughlin and Mr. John Gall, for appellants.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Ms. Janet B. Stewart, urging reversal for amicus curiae, Ohio Department of Health.

WILLIAM B. BROWN, J.

The issue presented in this case is whether it is within the authority of the Stark County Board of Health ("board") to require that whenever a sanitary sewerage system becomes accessible to a property, the household sewage disposal system must be abandoned and the property connected to the sewerage system and, if so, whether such a requirement constitutes a deprivation of due process of law. This court concludes that the General Assembly has...

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