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NORTHEAST OHIO REGIONAL SEWER DIST. v. TYLER

Nos. 86AP-495 and-593.

34 Ohio App. 3d 129 (1986)

NORTHEAST OHIO REGIONAL SEWER DISTRICT, APPELLEE, v. TYLER, DIRECTOR, APPELLANT. NORTHEAST OHIO REGIONAL SEWER DISTRICT, APPELLEE, v. TYLER, DIRECTOR, ET AL., APPELLEES; CITY OF DAYTON, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided September 11, 1986.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, J. Van Carson, George Von Mehren and Susan E. Flannery, for appellee Northeast Ohio Regional Sewer District.

Anthony J. Celebrezze, Jr., attorney general, Terrence M. Fay and Margaret A. Malone, for OEPA and Warren Tyler, Director.

J. Anthony Sawyer, city attorney, and Arthur W. Harmon, Jr., for appellant city of Dayton.

Ronald J. O'Brien, city attorney, Vorys, Sater, Seymour & Pease and John C. Klein; Robert H. Maynard, John W. Huberg and Martyn T. Brodnick, special counsel, for appellant city of Columbus.

McCORMAC, J.

This case is on appeal from a decision of the Environmental Board of Review ("EBR") finding that Warren Tyler, Director of the Ohio Environmental Protection Agency ("OEPA") acted unlawfully in applying a twenty-percent cap to the Northeast Ohio Regional Sewer District ("NEORSD") construction grant application.

The Federal Water Pollution Control Amendments of 1972, the "Clean Water Act," authorize federal grants for the construction of state water...

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