ST. MARYS v. AUGLAIZE CTY. BD.

No. 2006-1033.

115 Ohio St.3d 387 (2007)

2007-Ohio 5026

THE CITY OF ST. MARYS, APPELLEE, v. AUGLAIZE COUNTY BOARD OF COMMISSIONERS, APPELLANT.

Supreme Court of Ohio.

Decided October 3, 2007.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, L.L.P., Bruce Ingram, and Philip F. Downey; and Noble, Montague & Moul and Kraig E. Noble, for appellee.

Eastman & Smith Ltd., Henry N. Heuerman, and Albin Bauer III; and Edwin A. Pierce, Auglaize County Prosecuting Attorney, for appellant.

Byron & Byron Co., L.P.A., and Stephen L. Byron, urging affirmance for amicus curiae, Ohio Municipal League.


LUNDBERG STRATTON, J.

I. Introduction

{¶ 1} This case involves a dispute arising out of an agreement between a county and city for managing the disposal of solid waste. We accepted the county's three propositions that pertain to the interpretation of the agreement. We also accepted the issue of whether a county's fiscal officer had to comply with R.C. 5705.41(D)(1), which requires the county to certify the availability of public...

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