SANITARY COMMERCIAL SERVICES, INC. v. SHANK

No. 90-69

57 Ohio St. 3d 178 (1991)

SANITARY COMMERCIAL SERVICES, INC., APPELLEE, v. SHANK, DIRECTOR OF ENVIRONMENTAL PROTECTION, APPELLANT.

Supreme Court of Ohio.

Decided February 13, 1991.


Attorney(s) appearing for the Case

Arter & Hadden, Richard P. Fahey, Martin H. Lewis and R. Stacy Lane, for appellee.

Lee I. Fisher, attorney general, Paula T. Cotter and Retanio A. Rucker, for appellant.


WRIGHT, J.

This case presents the question of whether an aggrieved party, who is entitled to a discretionary appeal from an order of the director of a state agency, may waive that right to appeal under the following conditions: where the aggrieved party knew of the right to appeal, intended to waive that right, and gave and received sufficient consideration for waiving that right. We answer this question in the affirmative. For the reasons stated below, we reverse...

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