MUSKINGUM WATERSHED CONSERVANCY DISTRICT v. OHIO DEPARTMENT OF NATURAL RESOURCES

No. 2007 AP 09 0062.

2008 Ohio 4657

Muskingum Watershed Conservancy District, Plaintiff-Appellee, v. State of Ohio, Department of Natural Resources, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Tuscarawas County.

DATE OF JUDGMENT ENTRY: September 8, 2008.


Attorney(s) appearing for the Case

James J. Pringle, J. Kevin Lundholm, Harry C. E. Tolhurst, III, Miller & Kyler, L.P.A., P.O. Box 668, New Philadelphia, Ohio 44663, for Plaintiff-Appellee.

John P. Bartley, Counsel of Record, Daniel W. Fausey, Assistant Attorneys General, 2045 Morse Road, Building C-4, Columbus, Ohio 43229, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. John W. Wise, J., Hon. Julie A. Edwards, J.


OPINION

HOFFMAN, P.J.

{¶1} Defendant-appellant the State of Ohio Department of Natural Resources appeals the August 20, 2007 Judgment Entry of the Tuscarawas County Court of Common Pleas, Conservancy Division, in favor of Plaintiff-appellee Muskingum Watershed Conservancy District.

{¶2} The Muskingum Watershed Conservancy District (hereinafter "MWCD") was created in June of 1993 as part of a comprehensive flood...

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