BEAM v. OHIO DEPT. OF NATURAL RESOURCES, DIV. OF MINES & RECLAMATION

No. CA2000-09-022.

142 Ohio App.3d 793 (2001)

BEAM et al., Appellees, v. The STATE OF OHIO DEPARTMENT OF NATURAL RESOURCES, DIVISION OF MINES AND RECLAMATION, Appellant.

Court of Appeals of Ohio, Twelfth District, Clinton County.

Decided May 21, 2001.


Attorney(s) appearing for the Case

Frost, Brown & Todd, LLC, Scott D. Phillips and Thomas A. Swope, for appellees.

Betty D. Montgomery, Attorney General, and Mark G. Bonaventura, Assistant Attorney General, for appellant.


WALSH, Judge.

Appellant, the Ohio Department of Natural Resources, Division of Mines and Reclamation ("division"), appeals a decision of the Clinton County Court of Common Pleas finding that appellees, David Beam et al., are entitled to seek recovery of attorney fees as prevailing parties against the division. The judgment of the trial court is affirmed.

In late 1996, Martin Marietta Materials, Inc. submitted...

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