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FAIRFIELD SANITARY LANDFILL INC. v. FAIRFIELD CTY. DIST. BD. OF HEALTH

No. 89AP-757.

68 Ohio App.3d 761 (1990)

FAIRFIELD SANITARY LANDFILL, INC., Appellee, v. FAIRFIELD COUNTY DISTRICT BOARD OF HEALTH, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided October 16, 1990.

Attorney(s) appearing for the Case

Emens, Hurd, Kegler & Ritter, William J. Brown, Robert P. Sugarman and Peter A. Dauzvardis, for appellee.

David L. Landefeld, Prosecuting Attorney, and Roy E. Hart; Gurley, Rishel, Myers & Kopech and David E. Northrop, for appellant.

Anthony J. Celebrezze, Jr., Attorney General, and Mary Kay Smith, for amicus curiae Director of Environmental Protection.

Peck, Shaffer & Williams and Thomas A. Luebbers, for amici curiae County Commissioners Association of Ohio and Association of Ohio Health Commissioners.

WHITESIDE, Judge.

Appellant, Fairfield County District Board of Health ("board of health") appeals from a decision of the Environmental Board of Review ("EBR"), which reversed the board of health's determination denying appellee, Fairfield Sanitary Landfill, Inc. ("Fairfield"), an operating license for the year 1989 and raises the following assignments of error:

"1. The Environmental Board of Review erred as...

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