PHILLIPS v. PETROLEUM UNDERGROUND STORAGE TANK RELEASE COMPENSATION BD.

No. 91245.

2009 Ohio 626

John H. Phillips, DBA, Etc., Plaintiff-Appellee, v. Petroleum Underground Storage Tank Release Compensation Board, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: February 12, 2009.


Attorney(s) appearing for the Case

Nancy Rogers, Attorney General, Cheryl R. Hawkinson, Assistant Attorney General, 30 East Broad Street, 26th Floor, Columbus, Ohio 43215, Attorneys for Appellant.

Bruce O. Baumgartner, Baker Hostetler, LLP, 3200 National City Center, 1900 East Ninth Street, Cleveland, Ohio 44114, Angela Hayden, Baker Hostetler, LLP, 312 Walnut Street, Suite 2650, Cincinnati, Ohio 45202-4038, Attorneys for Appellee.

Before: Kilbane, J., Cooney, A.J., and Boyle, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶ 1} Defendant-appellant, Petroleum Underground Storage Tank Release Compensation Board ("the Board"), appeals the decision of the lower court. Having reviewed the arguments of the parties and the pertinent law, we hereby affirm the lower court.

I

{¶ 2} The Board reimburses responsible persons for the costs of corrective action due to accidental releases...

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