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BROWN v. S. OHIO CORR. FACILITY

No. 90-03870.

62 Ohio Misc.2d 337 (1991)

BROWN v. SOUTHERN OHIO CORRECTIONAL FACILITY.

Court of Claims of Ohio.

Decided December 12, 1991.

Attorney(s) appearing for the Case

Richard F. Swope, for plaintiff.

Lee Fisher, Attorney General, and Christopher C. Keller, Assistant Attorney General, for defendant.

SHOEMAKER, Judge.

This cause presents the question whether the state may be liable for the noxious emanations from a waste water treatment facility operated upon its lands.

The evidence presented at trial indicates that in September 1968, the Board of Commissioners of Scioto County and the state of Ohio agreed that the county would construct a waste water treatment facility upon land located near Lucasville and owned by the state of Ohio. At that time, the...

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