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FOSTER WHEELER ENVIRESPONSE, INC. v. FRANKLIN CTY. CONVENTION FACILITIES AUTHORITY

No. 95-2467.

78 Ohio St.3d 353 (1997)

FOSTER WHEELER ENVIRESPONSE, INC., APPELLEE AND CROSS-APPELLANT, v. FRANKLIN COUNTY CONVENTION FACILITIES AUTHORITY, APPELLANT; LAWHON & ASSOCIATES, INC., CROSS-APPELLEE.

Supreme Court of Ohio.

Decided May 14, 1997.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Michael W. Donaldson and John C. Elam, for appellee and cross-appellant.

Chester, Willcox & Saxbe, Richard A. Frye, John J. Chester and Karen H. Penley, for appellant.

Tafi, Stettinius & Hollister and Michael A. Byers, for cross-appellee Lawhon & Associates.

Janet E. Jackson, City Attorney, and Daniel W. Drake, First Assistant City Attorney, urging reversal for amicus curiae, city of Columbus, Ohio.

John E. Gotherman, urging reversal for amici curiae, Ohio Municipal League and Ohio Municipal Attorneys Association.

Calfee, Halter & Griswold, Stanley J. Dobrowski and Albert J. Lucas, urging reversal for amicus curiae, Ohio Building Authority.

ALICE ROBIE RESNICK, J.

The broad issue in this case is whether Enviresponse may recover from CFA, or alternatively from Lawhon, for the contaminated material in excess of one hundred forty cubic yards that Enviresponse excavated and transported from the construction site of the Greater Columbus Convention Center. Since the cause comes to the court upon an appeal from summary judgment, our inquiry is circumscribed by the standard set forth in Civ.R. 56(C).

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