RUMPKE SANIT. LANDFILL, INC. v. STATE

Nos. C-081097 and C-081119.

184 Ohio App.3d 135 (2009)

2009-Ohio-4888

RUMPKE SANITARY LANDFILL, INC., Appellee, v. The STATE of Ohio et al., Appellants.

Court of Appeals of Ohio, First District, Hamilton County.

Decided September 18, 2009.


Attorney(s) appearing for the Case

Keating Muething & Klekamp, P.L.L., Joseph L. Trauth Jr., Thomas M. Tepe Jr., and Charles M. Miller, for appellee.

Richard Cordray, Attorney General, and Craig A. Calcaterra and Robert X. Eskridge III, Assistant Attorneys General, for appellant state of Ohio.

Plank & Brahm, Richard Brahm, Catherine Cunningham, and Aaron M. Glasgow, for appellant Colerain Township.


SUNDERMANN, Judge.

{¶ 1} The state of Ohio and Colerain Township appeal the trial court's judgment that denied Colerain's motion to intervene and that struck revisions to R.C. 303.211 and 519.211 as unconstitutional. We conclude that Colerain was not an interested party under R.C. 2721.12, so the trial court had jurisdiction and did not abuse its discretion when it denied Colerain's motion to intervene. We further conclude that the trial court properly...

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