TRANS RAIL AMERICA, INC., Appellee,
v.
ENYEART, Appellant.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted January 14, 2009.
Decided July 30, 2009.
Attorney(s) appearing for the Case
Morganstern, MacAdams & DeVito Co. and Michael A. Partlow, for appellee.
Ronald James Rice Co., L.P.A., and Robert C. Kokor, for appellant.
Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Kimberly A. Olson, Deputy Solicitor, and Sari L. Mandel, Assistant Attorney General, urging reversal for amicus curiae state of Ohio.
Ulmer & Berne, L.L.P., Robert J. Karl, and Sherry L. Hesselbein, urging reversal for amicus curiae Hubbard Environmental and Land Preservation.
Frost Brown Todd, L.L.C., and Christopher S. Habel, urging affirmance for amicus curiae National Solid Waste Management Association.
Walter & Haverfield, L.L.P., Michael A. Cyphert, and Michael Schmeltzer, urging affirmance for amicus curiae Construction and Demolition Association of Ohio, Inc.
Supreme Court of Ohio.
CUPP, J.
{¶1} The issue in this case is whether the Environmental Review Appeals Commission ("ERAC") has jurisdiction to hear an appeal from a decision of a local board of health that a license application for a facility for the disposal of construction and demolition debris is incomplete. We conclude that ERAC has jurisdiction to entertain such an appeal if the letter is a final decision that substantially affects the applicant's property or other...
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