NSWMA v. STARK-TUSCARAWAS-WAYNE

No. 2009-0211.

124 Ohio St.3d 197 (2009)

2009-Ohio-6765

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, Appellant, v. STARK-TUSCARAWAS-WAYNE JOINT SOLID WASTE MANAGEMENT DISTRICT, Appellee.

Supreme Court of Ohio.

Decided December 30, 2009.


Attorney(s) appearing for the Case

Frost Brown Todd, L.L.C., Terrence M. Fay, Christopher S. Habel, and Douglas R. Dennis, for appellant.

Black, McCuskey, Souers & Arbaugh, L.P.A., Thomas W. Connors, and Kristen R. Zemis, for appellee.

Porter, Wright, Morris & Arthur, L.L.P., and David E. Northrop, urging reversal for amici curiae Coshocton-Fairfield-Licking-Perry Solid Waste Management District and Southeastern Ohio Joint Solid Waste Management District.

Roetzel & Andress, L.P.A., and Terrence S. Finn, urging reversal for amicus curiae Summit/Akron Solid Waste Management Authority.

Linda S. Woggon, urging reversal for amicus curiae Ohio Chamber of Commerce.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Charles E. Hannan, Assistant Prosecuting Attorney, urging reversal for amicus curiae Cuyahoga County Solid Waste Management District.


O'DONNELL, J.

{¶ 1} The National Solid Wastes Management Association ("NSWMA") appeals from a decision of the Fifth District Court of Appeals, which reversed and remanded a declaratory judgment entered by the Stark County Court of Common Pleas in favor of the Stark-Tuscarawas-Wayne Joint Solid Waste Management District ("STW District") for failure to join a necessary party: the director of the Ohio Environmental Protection Agency.

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