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HEIBY OIL CO., INC. v. SCHREGARDUS

No. 93AP-363.

92 Ohio App.3d 46 (1993)

HEIBY OIL COMPANY, INC., Appellee, v. SCHREGARDUS, Dir., Appellant.

Court of Appeals of Ohio, Franklin County.

Decided December 2, 1993.

Attorney(s) appearing for the Case

Kelly & Traul and Howard A. Traul II; Samuels & Northrop Co., L.P.A., and David E. Northrop, for appellee.

Lee Fisher, Attorney General, Jack A. Van Kley and Lori A. Massey, Assistant Attorneys General, for appellant.

PEGGY L. BRYANT, Presiding Judge.

Appellant, Donald R. Schregardus, Director of the Ohio Environmental Protection Agency ("director"), appeals from a decision of the Ohio Environmental Board of Review ("EBR") finding that the director's order requiring appellee, Heiby Oil Company, Inc. ("Heiby"), to "clean up" its gasoline spill is unlawful for lack of statutory authority.

Heiby owns and operates a bulk petroleum...

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