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STATE EX REL. ELIZA JENNINGS, INC. v. NOBLE

No. 89-143.

49 Ohio St. 3d 71 (1990)

THE STATE, EX REL. ELIZA JENNINGS, INC., APPELLEE, v. NOBLE, DIRECTOR, APPELLANT.

Supreme Court of Ohio.

Decided February 21, 1990.

Attorney(s) appearing for the Case

Calfee, Halter & Griswold, Mark I. Wallach, Kenneth S. Cline and Smith R. Brittingham IV, for appellee.

Michael R. Gareau, law director, and James M. Dubelko, for appellant.

Per Curiam.

The main issue before this court is whether appellee, Eliza Jennings, Inc., for the purpose of receiving permits to "tap-in" to North Olmsted's sanitary sewer system, is required to submit a fee calculated solely by reference to North Olmsted Codified Ordinances Section 911.10, or whether the "benefited unit" provisions of Section 911.09 should also apply. For the reasons cited below, we find that, in order to receive such permits for its construction...

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