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OHIO FRESH EGGS, L.L.C. v. BOGGS

No. 08AP-929.

183 Ohio App.3d 511 (2009)

2009-Ohio-3551

OHIO FRESH EGGS, L.L.C., Appellant, v. BOGGS, Dir., Ohio Department of Agriculture, Appellee.

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

Decided July 21, 2009.

Attorney(s) appearing for the Case

Keating Muething & Klemkamp, P.L.L., Brian M. Babb, Daniel E. Izenson, and David A. Meyer, for appellant.

Richard A. Cordray, Attorney General, and L. Scott Helkoski, Margaret A. Malone, and Aaron S. Farmer, Assistant Attorneys General, for appellee.

CONNOR, Judge.

{¶ 1} Appellant, Ohio Fresh Eggs, L.L.C., appeals from an order of the Environmental Review Appeals Commission ("ERAC"), which granted appellee Robert J. Boggs, Director of Ohio Department of Agriculture's ("ODA") motion to dismiss/motion for summary judgment1 and dismissed Ohio Fresh Eggs' appeal of the ODA hearing officer's October 30, 2007 order denying Ohio Fresh Eggs' request for an award of attorney...

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