WHITE CONSOLIDATED INDUSTRIES v. NICHOLS DIRECTOR OF ENVIRONMENTAL PROTECTION

No. 83-1286.

15 Ohio St. 3d 7 (1984)

WHITE CONSOLIDATED INDUSTRIES, APPELLANT, v. NICHOLS, DIRECTOR OF ENVIRONMENTAL PROTECTION, APPELLEE.

Supreme Court of Ohio.

Decided December 19, 1984.


Attorney(s) appearing for the Case

Messrs. Squire, Sanders & Dempsey, Mr. George M. von Mehren and Ms. Lynne A. Monaco, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. E. Dennis Muchnicki, for appellee.


Per Curiam.

Although the parties devote the major portion of their arguments to a consideration of whether the three rules invalidated by the EBR were unreasonable and unlawful, there is a question raised herein which first must be resolved. This preliminary question is whether there is a justiciable controversy in the absence of any facts to which to apply the standard of reasonableness and lawfulness. We must respond in the negative and for this reason reverse...

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