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THERMAL-TRON, INC. v. SCHREGARDUS

Nos. 93AP-331, 93AP-350 and 93AP-352.

89 Ohio App.3d 816 (1993)

THERMAL-TRON, INC., Appellee, v. SCHREGARDUS, Dir., Appellant. THERMAL-TRON, INC., Appellee, v. SCHREGARDUS, Dir., et al., Appellees; Neighborhood Environmental Coalition, Appellant. THERMAL-TRON, INC., Appellee, v. SCHREGARDUS, Dir., et al., Appellees; City of Cleveland, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided August 10, 1993.

Attorney(s) appearing for the Case

Allen & Hodgman, Bruce C. Allen and Blair Hodgman, for appellee Thermal-Tron, Inc.

Lee Fisher, Attorney General, Christopher Korleski and Joan R. Kooistra, Assistant Attorneys General, for appellees and appellant Donald R. Schregardus, Director of Environmental Protection.

Joseph P. Meissner, for appellant Neighborhood Environmental Coalition.

Danny R. Williams, Director of Law, William M. Ondrey Gruber and Martha R. McCorkle, Assistant Directors of Law, for appellant City of Cleveland.

PETREE, Judge.

Appellant, Donald R. Schregardus, Director of Environmental Protection, appeals from an order of the Environmental Board of Review vacating the director's denial of Thermal-Tron, Inc.'s permit to operate a medical waste incinerator. Appellant cites the following as error:

"I. The EBR erred in substituting its judgment for that of the Director and the Cuyahoga County Common Pleas Court and concluding that Thermal-Tron's operation of its incinerator...

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