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WASTE MGT. OF OHIO, INC. v. CITY OF CINCINNATI BD. OF HEALTH

Nos. 04AP-437, 04AP-433, 04AP-717, 04AP-719.

159 Ohio App.3d 806 (2005)

2005-Ohio-1153

WASTE MANAGEMENT OF OHIO, INC., Appellee and Cross-Appellant, v. BOARD OF HEALTH of the CITY OF CINCINNATI et al., Appellants and Cross-Appellees.

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

Decided March 17, 2005.

Attorney(s) appearing for the Case

Frost Brown Todd L.L.C., Paul W. Casper Jr., Cincinnati, Terrence M. Fay, Columbus, and Steven M. Wesloh, Cincinnati; and Robert E. Leininger, Livonia, for Waste Management of Ohio, Inc.

Terrence A. Nestor, for Cincinnati Board of Health.

The Phillips Law Firm and John H. Phillips, Cincinnati, for Communities United For Action.

FRENCH, Judge.

{¶ 1} These consolidated cases arise from the attempted licensing of a solid waste transfer station in Cincinnati, Ohio. For the reasons we state here, we affirm the decisions of the Environmental Review Appeals Commission ("ERAC"), which reversed the decisions of the Cincinnati Board of Health and ordered the board to issue the licenses.

{¶ 2} Waste Management of Ohio, Inc. ("WMO"), is a wholly owned subsidiary of Waste Management...

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