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SANDUSKY DOCK CORP. v. JONES

No. 2004-0261.

106 Ohio St.3d 274 (2005)

2005-Ohio-4982

SANDUSKY DOCK CORPORATION, APPELLEE, v. JONES, DIR., APPELLANT.

Supreme Court of Ohio.

Decided October 5, 2005.

Attorney(s) appearing for the Case

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Diane Richards Brey, Deputy Solicitor, and John K. McManus, Assistant Attorney General, for appellant.

Tucker, Ellis & West, L.L.P., Martin H. Lewis, and Richelle W. Kidder, for appellee.

PFEIFER, J.

{¶ 1} Appellee, Sandusky Dock Corporation, operates a coal-loading facility in Sandusky on the shores of Lake Erie. At the facility, Sandusky Dock receives, stores, and loads extensive amounts of coal. Sandusky Dock has a permit to operate ("PTO") issued by the Ohio Environmental Protection Agency ("OEPA"). Before the modification of the permit at issue, certain rules limiting...

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