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NORTHERN OHIOANS PROTECTING THE ENVIRONMENT v. SHANK

Nos. 87AP-1051, 87AP-1052, 87AP-1053, 87AP-1054 and 87AP-1055.

52 Ohio App. 3d 41 (1988)

NORTHERN OHIOANS PROTECTING THE ENVIRONMENT ET AL., APPELLANTS, v. SHANK, DIRECTOR OF ENVIRONMENTAL PROTECTION, ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Nick Batt, for appellants.

Anthony J. Celebrezze, Jr., attorney general, Lauren Palik Alterman and Jack Van Key, for appellee Shank, Director.

Smith & Schnacke and John W. Edwards, for appellees Chemical Waste Management, Inc. et al.

WHITESIDE, P.J.

Appellants, Northern Ohioans Protecting The Environment ("NOPE"), Merle Pearson, Kathryn Pearson and William Warner, appeal a decision of the Environmental Board of Review ("EBR") and raise two assignments of error, as follows:

"I. The Environmental Board of Review erred in finding that the facility could be operated under a part A permit since it was not continuously in operation since before 9, 1980 [sic.]

"II. The Environmental...

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