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CITY OF SALEM v. KONCELIK

No. 05AP-50.

164 Ohio App.3d 597 (2005)

2005-Ohio-5537

CITY OF SALEM, Appellant, v. KONCELIK, Dir., Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided October 20, 2005.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, L.L.P., David W. Burchmore, and Kendra Sherman, for appellant.

Jim Petro, Attorney General, Kristina L. Erlewine, and Thomas P. Behlen, Assistant Attorneys General, for appellee.

BROWN, Presiding Judge.

{¶ 1} The city of Salem, appellant, appeals from an order of the Environmental Review Appeals Commission ("ERAC"), in which the ERAC affirmed the action of Joseph P. Koncelik, Director of Environmental Protection ("Director"), appellee, in issuing to Salem a National Pollutant Discharge Elimination System ("NPDES") renewal permit with certain restrictions.

{¶ 2} Salem owns and operates a municipal...

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